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.
Simplified Explanation
Section 99 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the buying of a child for purposes of prostitution or other forms of exploitation. This section criminalizes the act of purchasing or acquiring a child with the intent to exploit the child for sexual activities, forced labor, or other illicit purposes, such as child pornography or sexual slavery.
What does Section 99 address?
Section 99 specifically targets the illegal act of buying a child with the intent to use the child for prostitution, sexual exploitation, or other forms of abuse. It is a direct response to child trafficking and seeks to prevent individuals or groups from exploiting children for illegal sexual purposes or forced labor.
Key Elements of the Offense under Section 99:
- Buying a Child:
- Buying a child refers to the act of purchasing or acquiring a child from another person, typically for the purposes of exploitation. This may involve an exchange of money, goods, or other forms of compensation. The person buying the child does so with the intent to use the child for illicit purposes.
- Purpose of Prostitution or Exploitation:
- The intent behind buying the child is typically to use the child for sexual exploitation, including prostitution, or other exploitative purposes such as forced labor or involvement in child pornography.
- Sexual exploitation may include using the child in brothels, as a sex slave, or for other forms of sexual abuse.
- Vulnerability of Children:
- This section specifically focuses on children, who are particularly vulnerable to exploitation. Buying a child for purposes of prostitution or other abuses violates the child’s fundamental rights and exposes them to lifelong harm, both physically and emotionally.
- Intentional Exploitation:
- The offense occurs when the individual intentionally buys a child with the specific aim of exploiting the child sexually or using them in any form of exploitation, abuse, or forced labor.
Punishment for the Offense:
- Imprisonment and/or fine: If convicted under Section 99 for buying a child for prostitution or exploitation, the person may face imprisonment for a term not less than 10 years, which may extend to life imprisonment, along with a fine. The penalty reflects the severe nature 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 99 are:
- Protection of children: The section is designed to protect children from being bought, sold, and exploited for sexual purposes or other forms of abuse, ensuring that perpetrators face significant consequences for their actions.
- Deterring trafficking and exploitation: By criminalizing the buying of children for prostitution or exploitation, the law seeks to deter individuals and criminal networks from engaging in child trafficking and abuse.
- Ensuring child welfare: The law aims to safeguard children from being exploited in illegal industries such as prostitution, pornography, or forced labor, ensuring that their dignity and fundamental rights are upheld.
Example scenarios under Section 99:
- Scenario 1: A person buys a child from a trafficker with the intent to force the child into prostitution or other forms of sexual exploitation. This would be a direct violation of Section 99.
- Scenario 2: An individual purchases a child for use in child pornography or sexual slavery, intending to exploit the child for financial gain or for illegal activities. This is an offense under this section.
- Scenario 3: A criminal gang purchases a child and uses them for forced labor or to engage in illegal activities such as begging or illicit trade. The act of purchasing the child for exploitation would be covered under Section 99.
In summary, Section 99 criminalizes the buying of a child for the purposes of prostitution, sexual exploitation, or other forms of illegal abuse. It aims to protect children from being trafficked and exploited by holding offenders accountable for their actions. The law imposes harsh penalties, including long-term imprisonment, to deter individuals or criminal networks from engaging in the buying and selling of children for illicit purposes.
