Selling child for purposes of prostitution, etc
Section 98 of the Bharatiya Nyaya Sanhita, 2023 deals with selling child for purposes of prostitution, etc. Whoever sells, lets to hire, or otherwise disposes 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 The Act came into force on 01 Jul 2024.
Whoever sells, lets to hire, or otherwise disposes 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 may extend to ten years, and shall also be liable to fine.
Explanation 1.---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 2.---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.
Section 98, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 372 Selling minor for purposes of prostitution, etc Text carried over almost unchanged 94%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| Selling child for purposes of prostitution, etc. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Manjappa vs State of Karnataka
Decided under Indian Penal Code 372, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In cases of trafficking and sexual exploitation of minor girls under Section 366A, 372, and 373 IPC, where the victim is established to be below 18 years of age and evidence of procurement, sale, and exploitation for prostitution is credible and acceptable, the Court should impose a deterrent sentence. A sentence of seven years imprisonment with fine of Rs. 50,000 is just, proper, and proportionate in such cases, and no reduction in sentence is warranted merely on grounds of leniency or conduct of the accused, given the serious nature of the offence and the vulnerability of the victim.
On this section: Selling of minor for purposes of prostitution. Applied to hold that the accused disposed of the victim (minor) for Rs. 5,000 with intention that she be employed for prostitution and immoral purposes. Maximum punishment prescribed is 10 years imprisonment and fine.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 98
What have the courts held on Section 98 of the Bharatiya Nyaya Sanhita?
Manjappa vs State of Karnataka (08 Sep 2010) is the leading judgment on this section among those set out below, though it was decided under IPC 372, which this section replaced -- the court never mentioned this Act: Selling of minor for purposes of prostitution. Applied to hold that the accused disposed of the victim (minor) for Rs. 5,000 with intention that she be employed for prostitution and immoral purposes. Maximum punishment prescribed is 10 years imprisonment and fine.
Is Section 98 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 98 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Court of Session.
How do I find court cases under Section 98 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 98, section 98 BNS, section 98 of the Bharatiya Nyaya Sanhita. People searching for it also type bns 98 malayalam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Manjappa vs State of Karnataka (08 Sep 2010).
What should I read with Section 98 of the Bharatiya Nyaya Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward IPC 372 (Selling minor for purposes of prostitution, etc), so the judgments decided under that provision are the case law on this one.
When did Section 98 of the Bharatiya Nyaya Sanhita come into force?
Section 98 of the Bharatiya Nyaya Sanhita, cited as BNS 98, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.