Section 99 BNS: Buying child for purposes of prostitution, etc
Bharatiya Nyaya Sanhita, 2023
Section 99 BNS at a Glance
Section 99 BNS deals with buying child for purposes of prostitution, etc. It is non-bailable and cognizable, triable by the Court of Session; it replaced Section 373 IPC on 1 July 2024.
Imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years
Section 99 BNS Bare Act Text
99. Buying minor for purposes of prostitution, etc
Whoever buys, hires or otherwise obtains possession of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine.
Explanation 1.—Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation 2.—“Illicit intercourse” has the same meaning as in section 98. CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life
Source: Section 99, Bharatiya Nyaya Sanhita, 2023
Section 99 BNS in Simple Words
Section 99 of the Bharatiya Nyaya Sanhita (BNS) punishes buying, hiring, or otherwise obtaining possession of any child under 18 years of age with the intent that the child shall at any age be employed or used for prostitution, illicit intercourse with any person, or any unlawful and immoral purpose, or knowing it to be likely that the child will at any age be employed or used for any such purpose.
Under Explanation 1, any prostitute or any person keeping or managing a brothel who buys, hires, or otherwise obtains possession of a female under 18 years of age is presumed, until the contrary is proved, to have obtained possession of her with the intent that she be used for prostitution. Under Explanation 2, illicit intercourse has the same meaning as in Section 98 BNS. The offence is punishable with imprisonment of either description for a term not less than seven years and extending up to fourteen years, and the offender is also liable to fine.
Ingredients of Section 99 BNS
- Buying, hiring, or otherwise obtaining possession of any child
- Intent that such child shall at any age be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose
- Or knowledge that such child will at any age be likely employed or used for any such purpose
- Mandatory imprisonment of not less than seven years extending up to fourteen years and liability to fine under Section 99 BNS
Punishment Under Section 99 BNS
Imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years
Liable to fine
Section 99 BNS punishes buying, hiring, or otherwise obtaining possession of any child for prostitution, illicit intercourse, or any unlawful and immoral purpose with imprisonment of either description for not less than seven years and extending up to fourteen years, and the offender is also liable to fine. Proceedings are cognizable and non-bailable, triable exclusively by the Court of Session, and the offence is not compoundable.
Example of Section 99 BNS
When Section 99 BNS Does Not Apply
- The person bought, hired, or obtained was eighteen years of age or older at the time of the transaction
- There was no purchase, hiring, or obtaining of possession of the person by the accused
- Custody was acquired without any intent or knowledge that the person would be employed or used for prostitution, illicit intercourse, or any unlawful and immoral purpose
Section 99 BNS in the IPC (Previous Law)
Section 99 BNS replaces Section 373 IPC from the old criminal code.
Section 373 IPC corresponds to Section 99 BNS. The heading changes from Buying minor for purposes of prostitution, etc. to Buying child for purposes of prostitution, etc. In the text, any person under the age of eighteen years is replaced by any child, and such person is replaced by such child. The penalty is substantially enhanced: while Section 373 IPC provided imprisonment of either description extending up to ten years, Section 99 BNS prescribes mandatory imprisonment of not less than seven years which may extend to fourteen years, and liability to fine.
View IPC Section 373 →FAQs on Section 99 BNS
What does Section 99 of the BNS punish?▼
Section 99 BNS punishes buying, hiring, or otherwise obtaining possession of a child below 18 for prostitution, illicit intercourse, or any unlawful and immoral purpose. It also applies if the person knew it was likely the child would be used for such a purpose later.
What does the police have to prove under Section 99 of the BNS?▼
The prosecution must show that the person bought, hired, or otherwise obtained possession of a child below 18. It must also show intent that the child would be used for prostitution, illicit intercourse, or an unlawful and immoral purpose, or knowledge that this was likely.
Is Section 99 BNS bailable?▼
No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.
What is the punishment under Section 99 of the BNS?▼
The punishment under Section 99 BNS is imprisonment for not less than seven years and up to fourteen years, and the offender is also liable to fine. The exact sentence will depend on the facts proved in the case.
How is Section 99 of the BNS different from selling a child for prostitution or immoral purposes?▼
Section 99 BNS deals with the person who buys, hires, or obtains possession of the child for these purposes. The matching offence for the person who sells, lets to hire, or otherwise disposes of the child is dealt with separately under Section 98 BNS.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·