BNS Section 99: Buying a Child for Purposes of Prostitution (IPC 373 Mapping) (2026)

Explainer · Criminal Law · BNS

Updated for 2026 · Claw Editorial

Section 99 of the Bharatiya Nyaya Sanhita (BNS) punishes buying a child for the purposes of prostitution. It reaches anyone who buys, hires or otherwise obtains possession of a child below eighteen years, intending or knowing it likely that the child will be used for prostitution, illicit intercourse or any unlawful and immoral purpose. The BNS has been in force since 1 July 2024. Section 99 replaced Section 373 of the Indian Penal Code (IPC). The punishment is rigorous imprisonment of not less than seven years, extending to fourteen years, and a fine. If you still look up "section 373 IPC", this is the provision you now need. This explainer sets out what Section 99 covers, its ingredients, the presumptions built into it, and the punishment. Last verified October 2026.

01Why the section number changed

For generations, buying a minor for the purposes of prostitution was an offence under Section 373 of the Indian Penal Code. Since 1 July 2024 the IPC is replaced by the Bharatiya Nyaya Sanhita, 2023, and this offence now sits in Section 99 of the BNS.

This matters in daily practice. An FIR for an offence committed on or after 1 July 2024 cites Section 99, not Section 373. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence. For some years both numbers will appear in live cases.

02What Section 99 covers

Section 99 punishes a person who buys, hires or otherwise obtains possession of any child below eighteen years. The offence is made out where this is done with the intent that the child shall at any age be employed or used for prostitution or illicit intercourse with any person, or for any unlawful and immoral purpose, or knowing it to be likely that the child will be so used.

The section is the mirror image of the offence of selling a child for the same purposes, which the BNS deals with in the section just before this one. Section 99 targets the buyer or the person who takes possession of the child.

03Ingredients and the presumptions

To make out an offence under Section 99, the prosecution must show:

• The victim is a child below eighteen years.
• The accused bought, hired or otherwise obtained possession of the child.
• The accused did so with the intent that the child be used for prostitution, illicit intercourse or any unlawful and immoral purpose, or knowing it likely that the child would be so used.

The section carries two explanations that help the prosecution:

• Explanation 1: where a prostitute or a person who keeps or manages a brothel obtains possession of a girl below eighteen, it is presumed, until the contrary is shown, that the girl was obtained with the intent that she be used for prostitution.
• Explanation 2: "illicit intercourse" carries the same meaning as in the procuration section of the code.

04Old to new: IPC 373 to BNS 99

Section 373 of the IPC is now Section 99 of the BNS. The substance and the presumptions are carried over.

Because the offence and the presumptions are carried over, case law under Section 373 still guides how Section 99 is read.

05Punishment and classification

The punishment under Section 99 is rigorous imprisonment for a term of not less than seven years, which may extend to fourteen years, and the offender is also liable to a fine.

On classification, the offence under Section 99 is treated as:

• Cognizable: the police can register an FIR and investigate without prior approval of a court.
• Non-bailable: bail is not a matter of right and is decided by the court.
• Triable by the Court of Session: it is dealt with as a grave offence against a child.

06A note on the common search for this number

Because the criminal codes were renumbered so heavily in 2024, it is easy to assume a new section carries the old subject that sat at the same position in the IPC. Section 99 is a good example of why you must read the bare text. It is about buying a child for prostitution and similar purposes, not about compulsory labour.

If you need the offence of unlawful compulsory labour, that is a different section of the BNS. Always confirm the number against the official text before you draft a charge or an application.

07Where 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.

A Section 99 case usually reaches into trafficking networks, with several accused and parallel charges under special laws, so the record runs across many sections and courts. To prosecute or defend it you need the full line of authority on the old Section 373 and the new Section 99. Claw gathers that from 9,102 courts, benches and forums and more than 30 crore judgments, searchable by section, party or advocate, and it answers in under five seconds. The related offence of procuring a child is covered by Section 96 of the BNS.

Your documents are yours alone; Claw does not use customer files to train its AI. Create a free Claw account to follow these matters as they develop, and for the wider body of law, see case search across Indian courts.

08Sources and further reading

• India Code (official text of the BNS, 2023): indiacode.nic.in
• PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
• Section 99, BNS (bare text): devgan.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.

09Frequently asked questions