Section 373 IPC: Buying minor for purposes of prostitution, etc

Indian Penal Code, 1860

Section 373 IPC at a Glance

Section 373 IPC deals with buying 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 99 BNS.

Punishment

Imprisonment of either description for a term which may extend to ten years

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

Section 99 →

Section 373 IPC Bare Act Text

373. Buying minor for purposes of prostitution, etc

Whoever buys, hires or otherwise obtains possession 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.—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 II.—"Illicit intercourse" has the same meaning as in section 372.

Source: Section 373, Indian Penal Code, 1860

Section 373 IPC in Simple Words

Section 373 of the Indian Penal Code (IPC) punishes buying, hiring, or otherwise obtaining possession 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 establishes a rebuttable statutory presumption where a prostitute or brothel keeper obtains possession of a female under eighteen years of age. Proceedings are cognizable, non-bailable, and triable by the Court of Session.

Ingredients of Section 373 IPC

  • The accused bought, hired, or otherwise obtained possession 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 373 IPC

Imprisonment

Imprisonment of either description for a term which may extend to ten years

Fine

Liable to fine

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

Section 373 IPC punishes buying, hiring, or obtaining possession of any person under eighteen years of age 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 is not compoundable under Section 320 CrPC.

Example of Section 373 IPC

In 2018, in Siliguri, Kamla, who kept a brothel near the bus stand, hired sixteen-year-old Pooja from an agent named Dinesh for one year. Kamla obtained possession of Pooja intending that Pooja be used for prostitution and illicit intercourse with patrons not married to her. Under Explanation I, because Kamla kept a brothel and obtained possession of a female under eighteen years of age, she was presumed to have obtained Pooja with intent for prostitution. Because Kamla hired a minor for prostitution, Kamla is punishable under Section 373 IPC.

When Section 373 IPC Does Not Apply

  • Section 373 IPC does not apply when the person bought, hired, or taken into possession was eighteen years of age or older.
  • Section 373 IPC does not apply if the accused never bought, hired, or obtained possession of the minor.
  • Section 373 IPC does not apply where possession of a minor is obtained for lawful care, schooling, or legitimate work without any intent or knowledge that the minor will be used for prostitution, illicit intercourse, or an unlawful and immoral purpose.
  • The statutory presumption in Explanation I to Section 373 IPC does not apply if the accused is not a prostitute or brothel keeper, or if the accused proves the absence of intent for prostitution.

Section 373 IPC in the BNS

Section 373 IPC is now covered under Section 99 BNS.

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 detailed comparison (IPC 373 vs BNS 99) →

FAQs on Section 373 IPC

What does Section 373 IPC punish?▼

Section 373 IPC punishes buying, hiring, or otherwise obtaining possession of any person under the age of eighteen years for prostitution, illicit intercourse, or any unlawful and immoral purpose.

What is the age threshold under Section 373 IPC?▼

The section protects any person who is under eighteen years of age at the time custody or possession is obtained.

What mental state is required to constitute an offence under Section 373 IPC?▼

The prosecution must prove an intent that the young person shall be used for prostitution, illicit intercourse, or an unlawful and immoral purpose, or knowledge of the likelihood of such use.

What presumption applies to brothel keepers under Section 373 IPC?▼

Under Explanation 1, any prostitute or person keeping or managing a brothel who obtains possession of a female under eighteen years of age is presumed until the contrary is proved to have obtained her for prostitution.

How is illicit intercourse interpreted under Section 373 IPC?▼

Explanation 2 provides that illicit intercourse bears the identical definition given in Section 372 IPC, referring to 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 was prescribed under Section 373 IPC?▼

Section 373 IPC prescribes imprisonment of either description for a term extending up to ten years, and the offender is also liable to fine.

Is Section 373 IPC bailable?▼

No; an offence under Section 373 IPC is non-bailable under the First Schedule to the CrPC.

Is Section 373 IPC cognizable?▼

Yes; Section 373 IPC is a cognizable offence, allowing police officers to arrest without warrant.

Which court is competent to try Section 373 IPC?▼

Cases under Section 373 IPC are triable exclusively by the Court of Session.

Can Section 373 IPC be compounded?▼

No; Section 373 IPC is not compoundable under Section 320 CrPC.

What is the BNS provision corresponding to Section 373 IPC?▼

Section 99 BNS is the corresponding provision in the Bharatiya Nyaya Sanhita.

Have questions about Section 373 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 ·