Section 366A IPC: Procuration of minor girl

Indian Penal Code, 1860

Section 366A IPC at a Glance

Section 366A IPC deals with procuration of minor girl. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 96 BNS.

Punishment

Imprisonment of either description for a term extending up to ten years

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ
BNS Equivalent

Section 96 →

Section 366A IPC Bare Act Text

366A. Procuration of minor girl

Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

Source: Section 366A, Indian Penal Code, 1860

Section 366A IPC in Simple Words

Section 366A of the Indian Penal Code (IPC) punishes the procuration of any female under eighteen years of age for illicit intercourse with another person.

The offence is established when a person, by any means whatsoever, induces a girl below eighteen years of age to go from any place or perform any act with the intention or knowledge that she will be forced or seduced to illicit intercourse with a third party.

Conviction under Section 366A IPC carries imprisonment of either description for a term extending up to ten years, and the offender is also liable to fine.

Ingredients of Section 366A IPC

  • The victim is a girl under eighteen years of age
  • The accused induced her to go from any place or to do any act
  • The inducement was carried out by any means whatsoever
  • Existence of intent or knowledge that she will be forced or seduced to illicit intercourse with another person

Punishment Under Section 366A IPC

Imprisonment

Imprisonment of either description for a term extending up to ten years

Fine

Liable to fine

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

Section 366A IPC punishes the procuration of a girl under eighteen years of age for illicit intercourse with another person with imprisonment extending up to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session. It is not compoundable.

Example of Section 366A IPC

In 2019 in Nagpur, Ramesh told fifteen-year-old Kavita that a dance troupe in Pune would pay her to perform at weddings. Persuaded by the offer, Kavita left her aunt's house and boarded a bus with him. Ramesh had already agreed with Shankar, who ran a lodge in Pune, that Kavita would be made to have sexual intercourse with the lodge's customers. Because Ramesh induced a girl under eighteen to leave her home, knowing it was likely that she would be forced or seduced to illicit intercourse with another person, Ramesh is punishable under Section 366A IPC.

When Section 366A IPC Does Not Apply

  • Section 366A IPC does not apply if the girl was eighteen years of age or older when she was induced.
  • It does not apply where the accused did nothing to induce the girl to go from any place or to do any act.
  • It does not apply where the accused neither intended nor knew it was likely that the girl would be forced or seduced to illicit intercourse.
  • It does not apply where the only intercourse intended was with the accused himself, because the section requires illicit intercourse with another person.

Section 366A IPC in the BNS

Section 366A IPC is now covered under Section 96 BNS.

Section 366A IPC corresponds to Section 96 BNS. The heading is renamed from Procuration of minor girl to Procuration of child. Substantively, Section 96 BNS replaces the gender-specific phrasing of any minor girl under eighteen years of age with any child. Because Section 2(3) BNS defines a child as any person under eighteen years of age, the BNS provision extends protection to boys as well as girls. The sentencing framework of imprisonment up to ten years and liability to fine continues without alteration.

View detailed comparison (IPC 366A vs BNS 96) →

FAQs on Section 366A IPC

What offence does Section 366A IPC punish?▼

Section 366A IPC punishes inducing any girl under eighteen years of age to go from any place or perform any act for illicit intercourse with another person.

What punishment does Section 366A IPC prescribe?▼

The section prescribes imprisonment of either description for a term extending up to ten years, and also liability to fine.

Is the consent of the young girl a valid defence under Section 366A IPC?▼

No; because the statute protects young persons under eighteen years of age from sexual procuration, the victim's apparent willingness cannot legalize the inducement.

Is Section 366A IPC bailable?▼

No; Section 366A IPC is non-bailable under the First Schedule to the CrPC. Release on bail requires a formal application before the court.

Is an offence under Section 366A IPC cognizable?▼

Yes; Section 366A IPC is cognizable, authorizing police officers to register a first information report and arrest without a warrant.

Which court conducts trials for Section 366A IPC?▼

Under the First Schedule to the CrPC, offences under Section 366A IPC are triable exclusively by the Court of Session.

Can an offence under Section 366A IPC be compounded?▼

No; Section 366A IPC is not compoundable under Section 320 CrPC.

Which section in the Bharatiya Nyaya Sanhita corresponds to Section 366A IPC?▼

It corresponds to Section 96 BNS.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·