Buying child for purposes of prostitution, etc
Section 99 of the Bharatiya Nyaya Sanhita, 2023 deals with buying child 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 The Act came into force on 01 Jul 2024.
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.
Section 99, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 373 Buying minor for purposes of prostitution, etc Text carried over almost unchanged 92%
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 The repealed enactment still governs what happened while it was in force.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.
This section refers to
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 |
|---|---|---|---|---|
| Buying child for purposes of prostitution, etc. | Imprisonment for not less than 7 years but which may extend to 14 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.
-
Manjappa vs State of Karnataka
Decided under Indian Penal Code 373, 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: Buying of minor for purposes of prostitution. Applied to the co-accused (Shanta) who purchased the victim for Rs. 5,000 with intention to employ her for prostitution. Maximum punishment prescribed is 10 years imprisonment and fine.
-
Guria, Swayam Sevi Sansthan vs State of U. P.
Decided under Indian Penal Code 373, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
In bail applications under the Immoral Traffic Prevention Act, 1956, and related human trafficking offences, courts must carefully consider the gravity of the charged offences and must not grant bail in a cursory manner. The absence of specific identification or detailed description of an accused person's role in witness statements recorded under Section 161 CrPC is not sufficient ground to grant bail when the accused is charged with serious trafficking-related offences. Courts must distinguish between rescued victims and those accused of perpetrating the trafficking and must not ignore material evidence regarding the systematic nature of the trafficking operation. The severity of punishment provided under the Act (ranging from 3 years to life imprisonment) demands cautious and deliberate consideration of bail applications by higher courts.
On this section: Buying or disposing of person as slave - applied in charge sheet against 23 persons relating to purchasing of girls.
-
Ramesh Pradhan vs State of Orissa
Decided under Indian Penal Code 373, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an FIR alleges abuse and assault causing bleeding injuries to the informant, the correct statutory classification is under Section 323 IPC (voluntarily causing hurt), not Section 373 IPC or Section 337 IPC. Section 337 IPC applies to overt acts endangering human life and limb, whereas the facts constitute assault simpliciter. The High Court has the revisional jurisdiction to correct erroneous cognizance orders by the lower court and modify them to reflect the correct statutory sections applicable to the facts alleged.
On this section: Erroneously invoked by lower court; High Court found no case made out under this section
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 99
What have the courts held on Section 99 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 373, which this section replaced -- the court never mentioned this Act: Buying of minor for purposes of prostitution. Applied to the co-accused (Shanta) who purchased the victim for Rs. 5,000 with intention to employ her for prostitution. Maximum punishment prescribed is 10 years imprisonment and fine. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2009 to 2022.
Is Section 99 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 99 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 99 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 99, section 99 BNS, section 99 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Manjappa vs State of Karnataka (08 Sep 2010).
What should I read with Section 99 of the Bharatiya Nyaya Sanhita, and has it changed?
Its own text turns on section 98 (Selling child for purposes of prostitution, etc), so none of them can safely be read on its own. It carries forward IPC 373 (Buying minor for purposes of prostitution, etc), so the judgments decided under that provision are the case law on this one.
When did Section 99 of the Bharatiya Nyaya Sanhita come into force?
Section 99 of the Bharatiya Nyaya Sanhita, cited as BNS 99, 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.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 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 14 Oct 2026. This page is not a substitute for legal advice.