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.
Simplified Explanation
Section 98 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the selling of a child for purposes of prostitution or other exploitative activities. This section criminalizes the act of selling a child for purposes related to sexual exploitation, prostitution, or any other form of abuse.
What does Section 98 address?
Section 98 specifically targets the illegal act of selling a child with the intent of exploiting the child in activities such as prostitution, sexual slavery, trafficking, or other forms of sexual exploitation. This law is a measure to combat human trafficking, particularly the trafficking of minors for sexual exploitation and forced labor.
Key Elements of the Offense under Section 98:
- Selling a Child:
- The act of selling a child refers to the illegal transfer of a child from one individual or group to another, where the child is traded for financial gain or other forms of compensation. The selling may involve physical exchange or coercive means to transfer the child’s custody for exploitative purposes.
- Purpose of Prostitution or Exploitation:
- The primary purpose for selling the child is sexual exploitation, including prostitution, where the child is forced or coerced into engaging in sexual acts for money or goods. The child may also be sold for other exploitative purposes, such as sexual slavery, forced labor, or being used in pornography.
- Prostitution is often the most prominent form of sexual exploitation covered under this section, but it also includes any situation where the child is coerced or manipulated into sexual activity.
- Vulnerable Children:
- The section specifically focuses on children, who are highly vulnerable to exploitation, coercion, and abuse. Selling a child for such purposes is an extremely grave offense, as children are unable to make informed decisions, and their involvement in these illegal activities causes long-term physical, emotional, and psychological harm.
- Intent:
- The offense occurs when the individual intentionally sells the child with the specific intent to exploit them for illegal activities, including prostitution or sexual exploitation. This includes both adults who sell children for such purposes and individuals who may be involved in trafficking rings or networks.
Punishment for the Offense:
- Imprisonment and/or fine: If convicted under Section 98 for selling a child for purposes of prostitution or exploitation, the offender may face imprisonment for a term not less than 10 years, which may extend to life imprisonment, along with a fine. The severity of the punishment reflects the seriousness of the crime, as it involves the trafficking and sexual exploitation of minors, which is a grave violation of a child’s rights and dignity.
Purpose and Protection:
The primary objectives of Section 98 are:
- Protection of children: The section is designed to protect children from being sold or trafficked for purposes of sexual exploitation, ensuring that perpetrators face severe consequences for their crimes.
- Deterring trafficking: By imposing stringent penalties, the law seeks to deter individuals and criminal networks from engaging in human trafficking, particularly the trafficking of minors for prostitution or sexual abuse.
- Promoting child welfare: The law aims to safeguard children from being exploited and harmed in exploitative industries, such as the sex trade, and to protect their dignity and fundamental rights.
Example scenarios under Section 98:
- Scenario 1: A person sells a child to a prostitution ring, intending for the child to be exploited for sexual services. This would be a direct violation of Section 98, as the child is being sold for prostitution.
- Scenario 2: A trafficker kidnaps or lures a child and sells them to a brothel or an individual for the purpose of sexual exploitation. This is an example of trafficking a child for prostitution, which is criminalized under this section.
- Scenario 3: A parent or guardian sells their child to a criminal organization for use in child pornography or sexual slavery. This act of exploitation is covered under Section 98, as it involves selling a child for illicit and immoral purposes.
In summary, Section 98 criminalizes the selling of a child for the purposes of prostitution, sexual exploitation, and trafficking. It aims to protect children from being trafficked, exploited, and forced into sexual activities. The law imposes severe penalties for individuals involved in such crimes to prevent the exploitation of minors and to ensure that those who engage in such activities are held accountable for their actions.
