Procuration of minor girl
Section 366A of the Indian Penal Code, 1860 deals with 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 impri The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 366A, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 96 Procuration of child Close, with changes 64%
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 The repealed enactment still governs what happened while it was in force.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.
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
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: Procuration of minor girl under 18 years for illicit intercourse. Applied to establish that the accused induced the victim (aged 13) to go from her place with intention to force her into illicit intercourse. Maximum punishment prescribed is 10 years imprisonment and fine.
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Ram Deo Prasad vs State of Bihar
Court's Decision & Legal Precedent
While the conviction of the appellant under sections 376 and 302 IPC is justified based on the circumstantial evidence that he was found in possession of and carrying the victim shortly after she was brutally abused, the death sentence cannot be confirmed in view of the significant deficiencies in investigation, charge framing, trial procedure (specifically the inadequate section 313 examination), the reliance on circumstantial evidence without forensic corroboration, the quality limitations of eyewitness identification in difficult conditions (fog and darkness), and the appellant's lack of adequate legal representation. The quality and nature of evidence available, procedural lapses, and the circumstances of the accused are relevant factors in death penalty sentencing alongside the nature of the offence. Therefore, the death sentence is commuted to life imprisonment of not less than 18 years actual imprisonment.
On this section: Procuration of minor girl - noted that charge was not framed despite evidence suggesting abduction of child
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Baij Nath Sah vs State of Bihar
Court's Decision & Legal Precedent
A statement recorded by a Magistrate under Section 164 of the Code of Criminal Procedure is not substantive evidence and cannot form the sole basis for conviction. Moreover, a person cannot be convicted of kidnapping or abduction merely because the victim was brought to his home after the kidnapping had already been effected by other accused persons. There must be independent evidence showing his involvement in the actual kidnapping or the events preceding it to establish criminal liability for such offences.
On this section: Original charge for procuration of minor girl for illicit intercourse; trial court convicted under this section
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Sat Prakash vs State of Haryana
Court's Decision & Legal Precedent
The clear and unequivocal statement by a minor victim in a contemporaneous suicide note that she left her home of her own free will, combined with absence of prosecution evidence of inducement or force, is sufficient to negate the presumption of kidnapping under Section 363 IPC. Furthermore, Section 366-A IPC, which penalizes procuration of a minor girl with intent that she be forced or seduced to illicit intercourse 'with another person', cannot apply to allegations of sexual conduct between the minor and the person accused of procuring her, as the statutory language explicitly requires a third person to be involved.
On this section: Procuration of minor girl. Court held that this section requires inducement with intent that the minor be forced or seduced to intercourse 'with another person'. Since no third person was involved and the allegations concerned intercourse with the accused himself, the charge could not be sustained.
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Guria, Swayam Sevi Sansthan vs State of U. P.
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: Procuring minor girl for seduction - applied in charge sheet against 23 persons.
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Farukh vs State of Haryana
Court's Decision & Legal Precedent
When a trial court has properly considered the victim's statement attributing a specific role to an accused in a child sexual abuse case, combined with the investigating agency's findings placing the accused in the investigation report, the High Court will not interfere with the trial court's order summoning the accused, as the trial court has exercised its discretion appropriately based on available evidence.
On this section: Offence of procuration of minor girl - charge against the petitioner for allegedly procuring the minor for sexual abuse
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Manish vs State of Haryana
Court's Decision & Legal Precedent
In criminal proceedings, witness demeanor must be observed during examination. The trial court cannot delegate the recording of witness statements to a Local Commissioner as this violates Section 275 Cr.P.C. and deprives the court of the opportunity to observe witness demeanor. The appellate court has the power to remit a case to the trial court for limited purpose of recording evidence afresh to ensure procedural correctness and eliminate technical errors.
On this section: Procuration of minor girl - charge in original false FIR
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Chander Parkash vs State of Haryana
Court's Decision & Legal Precedent
When key prosecution witnesses in a serious criminal case have already been examined and have not supported the prosecution case, and the trial is stalled due to procedural reasons (such as medical leave of a medical expert), bail may be granted to the accused as there is no apprehension of witness tampering and continued detention serves no useful purpose, provided appropriate bail conditions are imposed to prevent tampering with evidence and ensure the accused's appearance in trial.
On this section: Punishment for procuration of minor girl - cited as one of the charges against the accused
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Mokalla Dinesh vs State of Telangana
Court's Decision & Legal Precedent
In cases involving sexual offences against minors where the victim is in lawful guardianship and the investigation is incomplete, bail should be denied if there exists a prima facie case of offences under Section 366-A and 376(2)(n) IPC, particularly when the accused and victim are closely related, as this creates a risk of interference with the investigation. The duration of judicial custody alone is not a sufficient ground for bail when the investigation is still ongoing and other witnesses remain to be examined.
On this section: Procuration of minor girl - defined as inducing any minor girl under 18 years to go from any place or do any act with intent that she may be forced or seduced to illicit intercourse; applied to establish prima facie case against the accused
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Ganesh Rai& ORS. vs The State of Bihar
Court's Decision & Legal Precedent
When allegations involve serious crimes such as abduction and repeated rape, the gravity and seriousness of the charges take precedence over contentions regarding delay in FIR registration or improbability of allegations in determining whether pre-arrest bail should be granted under Section 438 CrPC.
On this section: Abduction with intent to compel marriage or illicit intercourse
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 366A
What have the courts held on Section 366A of the Indian Penal Code?
Manjappa vs State of Karnataka (08 Sep 2010) is the leading judgment on this section among those set out below: Procuration of minor girl under 18 years for illicit intercourse. Applied to establish that the accused induced the victim (aged 13) to go from her place with intention to force her into illicit intercourse. Maximum punishment prescribed is 10 years imprisonment and fine. Another 9 judgments on this section are set out below, 5 of them from the Supreme Court. They run from 2009 to 2019.
How do I find court cases under Section 366A of the Indian Penal Code?
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: IPC 366A, section 366A IPC, section 366A of the Indian Penal Code. People searching for it also type ipc 366a in bns and ipc 366a punishment in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 10 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 366A of the Indian Penal Code, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 96 (Procuration of child), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 366A of the Indian Penal Code come into force?
Section 366A of the Indian Penal Code, cited as IPC 366A, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
- 499. Defamation1512 words
- 464. Making a false document1223 words
- 300. Murder1172 words
- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
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