Buying minor for purposes of prostitution, etc
Section 373 of the Indian Penal Code, 1860 deals with 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 lik 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 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.]
Section 373, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 99 Buying child 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 The repealed enactment still governs what happened while it was in force.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
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
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.
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
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 373
What have the courts held on Section 373 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: 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.
How do I find court cases under Section 373 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 373, section 373 IPC, section 373 of the Indian Penal Code. People searching for it also type ipc 373 in bns and ipc 373 punishment. 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 373 of the Indian Penal Code, and has it changed?
Its own text turns on section 372 (Selling minor for purposes of prostitution, etc), so none of them can safely be read on its own. 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 99 (Buying child for purposes of prostitution, etc), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 373 of the Indian Penal Code come into force?
Section 373 of the Indian Penal Code, cited as IPC 373, 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
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. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.