Section 96 of the Bharatiya Nyaya Sanhita (BNS) focuses on the issue of child exploitation through inducement. It is designed to protect minors, that is, anyone under the age of eighteen, from being persuaded or tricked into situations where they could be sexually exploited. Section 96 BNS defends the dignity and rights of children and makes it clear that anyone who tries to involve a child in illicit acts, whether through deceit, pressure, or any other form of inducement, will face strict punishment. Explore other important Judiciary Notes.

Section 96 BNS: Procuration of child

Whoever, by any means whatsoever, induces any child below the age of eighteen years to go from any place or to do any act with intent that such child below the age of eighteen years 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.

Note: “The information provided on Section 96 BNS above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.” 

Download Free Section 96 BNS 2023 PDF

Section 96 of the Bharatiya Nyaya Sanhita (BNS) 2023 says that if anyone tries to make a child under 18 go somewhere or do something, knowing or intending that the child might be forced or tricked into having illegal sexual relations with someone, that person is committing a crime. It doesn't matter how the person tries to influence the child, whether by words, actions, or any other means. If it leads to or is likely to lead to sexual exploitation, the person can be punished with up to 10 years in jail and may also have to pay a fine. Section 96 BNS protects children from being misled into dangerous and abusive situations.

Section 96 BNS Essential Elements

For an offence to be punishable under Section 96 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

• Inducement of a Child

The first important point under Section 96 BNS, is that the accused must have induced the child, using any method whether through words, actions, or other means. This means the child was persuaded, encouraged, or influenced in some way to act or go somewhere because of the accused’s involvement.

• Age of the Child

For Section 96 of BNS to apply, the person being induced must be a child below the age of eighteen years. This age limit is clearly set to protect minors from being taken advantage of or exploited.

• Intent or Knowledge

It must be shown under Section 96 BNS that the accused either intended for the child to be forced or seduced into illicit intercourse, or that they knew it was likely to happen. This part focuses on what was going on in the accused’s mind—whether they acted deliberately or were aware that their actions could lead to such an outcome.

• Forced or Seduced to Illicit Intercourse

The reason behind the inducement under Section 96 BNS must be that the child ends up being forced or seduced into illicit intercourse with another person. This highlights the serious nature of the offence, as it deals with protecting children from sexual exploitation and abuse.

Words “minor girl under the age of eighteen years” in Indian Penal Code are replaced by word “child” in BNS 2023, thereby making Section 96 BNS gender neutral. The essential core of section 366 A IPC is retained in Section 96 of BNS.

Section 96 BNS Judicial Interpretation

Judicial interpretation of Section 96 BNS by Indian courts has been an outlining factor in determining the ambit of section 96 of BNS, mentioned hereinafter are some of the Landmark Judgments :

State of Karnataka vs. S.R. Mahesh (2020)

In this case, the Karnataka High Court acquitted the accused under Section 366A of the Indian Penal Code (Now Section 96 BNS) highlighting that the prosecution failed to prove the essential ingredients of the offence. Section 366A IPC specifically requires that a minor girl under the age of eighteen must be induced to go from any place or to do any act with the intent or knowledge that she may be forced or seduced to illicit intercourse with another person. 

In this case, the victim stayed with the accused for about 15 days without raising any alarm or attempting to escape, and there was no evidence to suggest inducement for sexual exploitation by another person. The medical and forensic evidence was also inconsistent and failed to support the charge. The Court concluded that the circumstances did not fulfill the legal requirement under Section 366A IPC, now Section 96 of the BNS and accordingly set aside the conviction.

Suramani vs State by Inspector of Police (2011)

In this case, the Madras High Court overturned the conviction of the accused under Section 366A IPC (Now Section 96 of BNS) emphasizing that a person cannot be convicted under this provision without a formal charge being framed. Although the trial court had convicted the accused under Section 366A, the charge had only been framed under Section 366 IPC, now (Section 96 BNS). 

The Court held that Section 96 of the BNS, which deals specifically with inducing a girl under 18 years of age to go from any place with the intent or knowledge that she may be forced or seduced to illicit intercourse with another person, is a distinct and serious offence and not a minor offence to Section 366 (Now Section 87 BNS). 

Conclusion

Section 96 BNS 2023 plays a vital role in protecting children under the age of eighteen from being procured or sexually exploited. It carefully lays out what "inducement" means, sets a clear age limit for who is considered a child, and highlights the need to prove that the accused had either the intent or knowledge that the child would be forced or seduced into illicit intercourse. One significant change is the move from the term "minor girl" to "child," which makes the law gender-neutral and expands its protection to all children, regardless of gender.