Whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that such child 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.
Simplified Explanation
Section 96 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the procuration of a child, which refers to the act of arranging for or assisting in obtaining a child for illegal or immoral purposes, such as trafficking, exploitation, or other criminal activities.
What does Section 96 address?
Section 96 criminalizes the act of procuring a child, meaning any person who procures, entices, or arranges for a child to be involved in illegal, immoral, or harmful activities, such as sexual exploitation, trafficking, forced labor, or other forms of abuse. It is a law aimed at protecting children from being exploited or coerced into criminal acts.
Key Elements of the Offense under Section 96:
- Procuration of a Child:
- Procuring a child refers to obtaining or arranging for a child to be involved in unlawful activities. This includes persuading, coercing, or forcing the child to engage in activities that are illegal or exploitative.
- Enticement or Inducement:
- A person may also entice or induce a child to commit certain acts, particularly involving exploitation or criminal activity. This could involve offering promises of money, a better life, or other rewards to convince the child to participate in illegal activities.
- Purpose of Procuring the Child:
- The purpose of procuring the child could be to use the child for various forms of exploitation, such as:
- Child labor (forcing the child to work in dangerous or abusive conditions).
- Sexual exploitation or trafficking.
- Organ trade or other forms of abuse.
- Forced criminal activities like drug trafficking or begging.
- The purpose of procuring the child could be to use the child for various forms of exploitation, such as:
- Targeting Vulnerable Children:
- Children who are vulnerable, such as those from impoverished backgrounds, orphaned children, or those in difficult family situations, may be targeted for procuration. The section aims to protect such children from being lured or manipulated into harmful situations.
Punishment for the Offense:
- Imprisonment and/or fine: If someone is convicted under Section 96 for procuring a child, they may face imprisonment for up to 7 years and/or a fine. The severity of the penalty reflects the gravity of the offense, as procuring a child for illegal purposes causes significant harm and exploitation.
Purpose and Protection:
The main objectives of Section 96 are:
- Protection of children: This section aims to protect children from exploitation, trafficking, and involvement in illegal activities. It seeks to ensure that children are not manipulated or coerced into harmful situations by adults or criminal networks.
- Deterrence: By criminalizing the procurement of children for illicit purposes, the law seeks to deter individuals and organizations from engaging in child exploitation and trafficking.
- Accountability: The section ensures that those who procure children for criminal purposes are held accountable for their actions and face legal consequences.
Example scenarios under Section 96:
- Scenario 1: A person lures an orphaned child with promises of a better life and then traffics the child for sexual exploitation or forced labor. This is a criminal act under Section 96.
- Scenario 2: A criminal gang recruits children by offering money or gifts and forces them into begging on the streets or into illegal activities like drug trafficking. The person who entices or arranges for these children to be used in these ways would be committing an offense under this section.
- Scenario 3: A person arranges for a child to be sold to an illegal adoption ring or for illegal organ trade. This would also fall under the provisions of Section 96.
In summary, Section 96 criminalizes the procuration of a child for illegal, exploitative, or harmful activities. It aims to protect vulnerable children from being manipulated, trafficked, or coerced into criminal acts, ensuring severe penalties for individuals or groups involved in child exploitation and trafficking. The law is a critical tool in safeguarding children’s rights and well-being.
