Selling child for purposes of prostitution, etc
AI Assist
Summary
Selling, hiring out, or otherwise disposing of a person under 18 so they will be used for prostitution, illicit intercourse, or any unlawful or immoral purpose, or doing so knowing it is likely, is punishable with up to ten years imprisonment and a fine. If a female under 18 is sold to a prostitute or brothel keeper, the seller is presumed to have intended prostitution unless proved otherwise. "Illicit intercourse" means sex outside marriage or outside a quasi‑marital tie recognised by personal law or custom.
Example
Rohan arranges for 17-year-old Diya to be handed over to a person who runs a brothel. Because Diya is a female under 18 sold to a brothel keeper, Rohan is presumed to have intended her use for prostitution unless he proves otherwise. He can face up to ten years imprisonment and a fine.
Bare Act
Enacted textWhoever sells, lets to hire, or otherwise disposes of child below eighteen years of age 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 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 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.
BNSS Classification
- Imprisonment for 10 years and fine.
- Cognizable
- Non-Bailable
- Triable by Court of Session.
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