IPC Section 373 deals with buying, hiring, or obtaining possession of a minor for prostitution, illicit intercourse, or any unlawful and immoral purpose. The section protects children from sexual exploitation and provides punishment of imprisonment up to 10 years along with a fine. From 1 July 2024, new criminal cases are governed under the Bharatiya Nyaya Sanhita (BNS).
Detailed Explanation
IPC Section 373 was a criminal law provision under the Indian Penal Code, 1860 that targeted the demand side of child sexual exploitation.
The section punished any person who bought, hired, or otherwise obtained possession of a person below 18 years of age with the intention that the child would later be used for prostitution, sexual exploitation, illicit intercourse, or any unlawful and immoral purpose.
The law did not require actual exploitation to happen. The offence could apply if there was intention or knowledge that the child was likely to be used for such purposes.
IPC Section 373 worked alongside IPC Section 372, which dealt with selling minors for prostitution and related unlawful purposes. Together, these provisions aimed to prevent trafficking and sexual exploitation of children.
Essential Ingredients of IPC Section 373
To establish this offence, authorities generally look at:
- The victim was under 18 years of age.
- The accused bought, hired, or obtained possession of the child.
- There was intention or knowledge regarding prostitution or immoral exploitation.
Example
Suppose a person pays money to obtain custody of a 16-year-old with the intention of forcing the child into commercial sexual activities later. Even if exploitation has not yet started, the act may attract IPC Section 373 due to the unlawful intention involved.
Important Features of IPC Section 373
| Point | Explanation |
|---|---|
| Section | IPC Section 373 |
| Offence | Buying minor for prostitution or immoral purposes |
| Age Covered | Person below 18 years |
| Maximum Punishment | Up to 10 years imprisonment and fine |
| Nature of Offence | Serious criminal offence |
| Objective | Protection of children from exploitation |
The section also created an important legal presumption. Where a prostitute or a person managing a brothel obtained possession of a female below 18 years, the law could presume unlawful intention unless proved otherwise.
Key Points / Important Facts
- IPC Section 373 protected both boys and girls below 18 years.
- Actual prostitution need not occur for the offence to arise.
- Intention and surrounding circumstances are important factors.
- Punishment may extend up to 10 years along with fine.
- Child trafficking and sexual exploitation may also attract other special laws.
- Courts examine age proof, witness statements, and surrounding evidence.
- Cases involving children may also involve child protection laws in India.
Legal Provision or Section
Relevant Act: Indian Penal Code, 1860
Section Number: Section 373
Provision Title: Buying minor for purposes of prostitution, etc.
Current Legal Status
The Indian Penal Code, 1860 has been replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024.
The corresponding provision is now covered under Section 99 of the Bharatiya Nyaya Sanhita, 2023, which continues protection against buying a child for prostitution and related exploitation. New criminal cases are registered under BNS instead of IPC.
Conclusion
IPC Section 373 was created to punish those who buy or obtain minors for prostitution or immoral exploitation. The law focused on preventing child abuse before exploitation takes place. Although IPC has been replaced by BNS, the legal protection against buying children for sexual exploitation continues under India’s new criminal law framework.
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.