Bharatiya Nyaya Sanhita, 2023
Section 96 BNS: Procuration of Child
Section 96 of the Bharatiya Nyaya Sanhita, 2023 punishes a person who, by any means whatsoever, induces a child to go from any place or to do any act with the specified intent or knowledge that the child may be forced or seduced to illicit intercourse with another person.
Text of Section 96 BNS
96. Procuration of child. Whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
Meaning of "Child" Under the BNS
Section 2(3) of the Bharatiya Nyaya Sanhita, 2023 defines a "child" as any person below the age of eighteen years. Section 96 therefore applies to any person below eighteen years who is induced in the manner and for the purpose described in the provision.
What Section 96 BNS Means
The section is aimed at procuration through inducement. The phrase "by any means whatsoever" gives the provision broad language as to the method used. The prosecution must still establish that the child was induced to go from a place or to do an act and that the required intent or knowledge relating to forced or illicit intercourse existed.
Essential Ingredients of Section 96
- The person induced must be a child, meaning a person below eighteen years.
- The accused must induce the child, by any means whatsoever, to go from any place or to do any act.
- The accused must intend that the child may be forced or seduced to illicit intercourse with another person, or know that this is likely.
- The provision applies regardless of the particular means used to procure the child, so long as the statutory ingredients are proved.
Punishment Under Section 96 BNS
| Offence | Punishment |
|---|---|
| Procuration of a child in the circumstances stated in Section 96 | Imprisonment which may extend to ten years, and fine. |
Intent or Knowledge Required
Section 96 is not framed as a strict-liability provision. It requires either intent that the child may be forced or seduced to illicit intercourse with another person, or knowledge that this is likely. The mental element therefore forms an important part of the offence.
Related BNS Provisions
Section 96 is part of the BNS provisions concerning offences against children. Related provisions include Section 95 BNS, Section 97 BNS, Section 98 BNS, and Section 99 BNS.
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 96 in a particular matter depends on the facts, evidence, procedural law, applicable special laws, and judicial interpretation.