Selling or Buying a Child for Prostitution Under the BNS (Section 98): IPC 372 Mapping (2026)

Explainer · New Criminal Code · BNS

Updated for 2026 · Claw Editorial

Selling a child into prostitution is among the gravest offences against children in Indian law, and it carries a long sentence. The new code keeps this offence, renumbered, with a companion provision that punishes the buyer. If a charge sheet mentions Section 98 of the Bharatiya Nyaya Sanhita, this is the provision in play. This explainer sets out what Section 98 covers, the punishment, the presumption the law makes for girls under eighteen, and how it maps to the old IPC Section 372. Last verified October 2026.

01Section 98 in one answer

Section 98 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a person who sells, lets to hire, or otherwise disposes of a child, intending or knowing it likely that the child will be used for prostitution, illicit intercourse with any person, or any unlawful and immoral purpose. The BNS came into force on 1 July 2024 and replaced the Indian Penal Code.

The punishment is imprisonment of up to ten years, and a fine. This is the successor to IPC Section 372.

Section 98 punishes selling or disposing of a child for prostitution or an unlawful and immoral purpose. It carries imprisonment of up to ten years and a fine.

02What the offence covers

The offence targets the act of handing over a child for exploitation. Its elements are:

• the accused sells, lets to hire, or otherwise disposes of a child;
• the accused does so intending, or knowing it to be likely, that the child will be used for prostitution or illicit intercourse with any person, or for any unlawful and immoral purpose.

Knowledge that the use is likely is enough. The prosecution does not have to prove a settled intention, only that the accused knew the likely purpose. The offence is complete at the point of the sale or disposal, whatever happens afterwards.

03The presumption for girls under eighteen

The section builds in a presumption to make prosecution easier in the clearest cases. Where a female under eighteen is sold, let for hire, or otherwise disposed of to a prostitute, or to a person who keeps or manages a brothel, the law presumes that she was disposed of with the intent that she be used for prostitution, unless the contrary is proved.

This shifts the burden to the accused to show the innocent purpose. It is a strong tool in trafficking cases, because the mental element is otherwise hard to prove.

04Punishment and classification

The punishment under Section 98 is imprisonment for a term which may extend to ten years, and a fine.

Given the length of the possible sentence, this is a serious offence. It is cognizable and non-bailable, and it is triable by a Court of Session.

05How it maps to IPC 372

Section 98 replaced IPC Section 372. The conduct, the presumption, the definition of illicit intercourse, and the ten-year punishment carried over.

One drafting change is worth noting. IPC 372 referred to a person under the age of eighteen. The BNS uses the word child, while keeping the under-eighteen threshold for the presumption. For the full table, see our IPC to BNS section mapping.

06Buying a child: Section 99

Selling and buying are two separate offences. Section 98 punishes the seller. The companion provision, Section 99 of the BNS (which replaced IPC Section 373), punishes a person who buys or hires a child for the same purposes, with a parallel presumption that applies to prostitutes and brothel keepers.

So in a trafficking matter the seller is charged under Section 98 and the buyer under Section 99. Both sit within the chapter on offences against children. Related offences include human trafficking under Section 143 and kidnapping or maiming a child for begging under Section 139.

07Practical points

• The presumption is powerful. Where a girl under eighteen is handed to a prostitute or brothel keeper, the burden shifts to the accused.
• Charges often come in a group. Section 98 is commonly read with trafficking, kidnapping, and offences under the law on immoral traffic.
• Date of the offence decides the code. The BNS applies to offences on or after 1 July 2024. Earlier cases stay under IPC 372.
• It is non-bailable. Bail is at the court’s discretion, not a matter of right.

08Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Trafficking matters run for years and move across several courts, so the real work is finding how the presumption for a girl under eighteen has been applied, and not losing track of a single hearing. Claw does both. You can search a library of more than 30 crore judgments for orders under Section 98 and the old IPC 372, with results arriving in under five seconds, and you can follow cases, orders and hearings by party or advocate name across 9,102 courts, benches and forums. See how Claw handles case search across Indian courts.

Open a free Claw account to search these orders and keep a live Section 98 matter in view. Claw does not use customer case documents to train its AI models. This explainer is general information, not legal advice, so check the current text of the section and take advice from counsel before you act.

09Sources and further reading

• India Code (official text of the BNS): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• BNS Section 98 text: devgan.in
• Claw: clawlaw.in

Section numbers and punishments were checked against the published BNS text in October 2026. Always read the section as it stands on the day you act.

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