Section 372 IPC: Selling minor for purposes of prostitution, etc
Indian Penal Code, 1860
Section 372 IPC at a Glance
Section 372 IPC deals with selling minor for purposes of prostitution, etc. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 98 BNS.
Imprisonment of either description for a term which may extend to ten years
Section 372 IPC Bare Act Text
372. Selling minor for purposes of prostitution, etc
Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person 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 person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation I.—When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation II.—For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
Source: Section 372, Indian Penal Code, 1860
Section 372 IPC in Simple Words
Section 372 of the Indian Penal Code (IPC) punishes selling, letting to hire, or otherwise disposing of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution, illicit intercourse with any person, or for any unlawful and immoral purpose, or with knowledge that such person will likely be so employed or used. The offence carries imprisonment of either description for a term extending up to ten years, and the offender is also liable to fine.
Explanation 1 creates a rebuttable statutory presumption of intent where a female under eighteen years of age is disposed of to a prostitute or brothel keeper. The offence is cognizable, non-bailable, and triable by the Court of Session.
Ingredients of Section 372 IPC
- The accused sold, let to hire, or otherwise disposed of any person under the age of eighteen years
- The act was done with intent that such person 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 the act was done knowing it to be likely that such person will at any age be employed or used for any such purpose
Punishment Under Section 372 IPC
Imprisonment of either description for a term which may extend to ten years
Liable to fine
Section 372 IPC punishes disposing of any person under the age of eighteen years for prostitution or illicit intercourse with imprisonment of either description extending up to ten years, and the offender is also liable to fine. Proceedings are cognizable and non-bailable, triable exclusively by the Court of Session. The offence cannot be compounded under Section 320 CrPC.
Example of Section 372 IPC
When Section 372 IPC Does Not Apply
- Section 372 IPC does not apply if the person sold, let to hire, or otherwise disposed of had already attained the age of eighteen years.
- Section 372 IPC does not apply when the accused did not sell, let to hire, or otherwise dispose of the minor.
- Section 372 IPC does not apply where a minor is placed in custody or employment without any intent or knowledge that the minor will at any age be used for prostitution, illicit intercourse, or an unlawful and immoral purpose.
- The presumption under Explanation I to Section 372 IPC does not arise if the person receiving the minor is neither a prostitute nor a person who keeps or manages a brothel, or if the contrary is proved.
Section 372 IPC in the BNS
Section 372 IPC is now covered under Section 98 BNS.
Section 372 IPC corresponds to Section 98 BNS. The heading changes from Selling minor for purposes of prostitution, etc. to Selling child for purposes of prostitution, etc. In the text, the phrase any person under the age of eighteen years is replaced by any child, and such person is replaced by such child. The prescribed punishment of imprisonment of either description extending up to ten years and liability to fine continues unchanged.
View detailed comparison (IPC 372 vs BNS 98) →FAQs on Section 372 IPC
What does Section 372 IPC punish?▼
Section 372 IPC punishes selling, letting to hire, or otherwise disposing of any person under the age of eighteen years for prostitution, illicit intercourse, or any unlawful and immoral purpose.
What is the age limit specified under Section 372 IPC?▼
Section 372 IPC applies to any person who is under the age of eighteen years at the time of disposal.
What prohibited purposes are covered under Section 372 IPC?▼
The section covers disposal with intent or knowledge that the young person shall at any age be used for prostitution, illicit intercourse with any person, or any unlawful and immoral purpose.
What statutory presumption is created by Explanation 1 to Section 372 IPC?▼
When a female under eighteen years of age is disposed of to a prostitute or brothel keeper, the law presumes until the contrary is proved that she was disposed of with intent that she be used for prostitution.
How is illicit intercourse defined under Section 372 IPC?▼
Explanation 2 defines illicit intercourse as sexual intercourse between persons not united by marriage, or by any union or tie recognised by the personal law or custom of their community as a quasi-marital relation.
What punishment is provided under Section 372 IPC?▼
Section 372 IPC prescribes imprisonment of either description for a term extending up to ten years, and the offender is also liable to fine.
Is Section 372 IPC bailable?▼
No; Section 372 IPC is non-bailable under the First Schedule to the CrPC.
Is an offence under Section 372 IPC cognizable?▼
Yes; Section 372 IPC is cognizable, authorising arrest without a warrant.
Which court tries offences under Section 372 IPC?▼
Offences under Section 372 IPC are triable exclusively by the Court of Session.
Can an offence under Section 372 IPC be compounded?▼
No; Section 372 IPC is not compoundable under Section 320 CrPC.
Which section corresponds to Section 372 IPC in the Bharatiya Nyaya Sanhita?▼
Section 98 BNS is the corresponding provision in the Bharatiya Nyaya Sanhita.
Have questions about Section 372 IPC?
Ask NyayGuru for a plain language explanation, punishment details, or how it applies to your situation.
Ask NyayGuru →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 ·