Clause 98: Selling Child for Prostitution - Punishment and Bail Procedure

Updated on July 22, 2024 12:11:49 PM

Clause 98 of BNS defines the offence related to selling a child for prostitution, which was previously mentioned under Section 372 of the Indian Penal Code. Selling a child for prostitution is the act of dealing or transferring a minor for money or other advantages with the intention of using them for sex trade sexual exploitation. It represents a grave violation of the child's rights, dignity, and well-being, perpetuating a cycle of abuse and trauma.

However, the claim of selling a child is just a claim until it is proven in court via a legal procedure. During the trial, the accused can get bail with a promise to appear. In this article, we will go through a comprehensive understanding of this criminal offence (selling a child), its punishment and the legal procedure of the Bail.

Bail Provision clause 98 related to selling childrens for prostitution
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Overview

Here, is an overview of Clause 98 of BNS given below:

Offence Selling Children for prostitution
Clause under BNS Clause 98
Bail Non-Bailable
Nature of Offence Cognizable
Penalties and Punishments Imprisonment for 10 years, Fine or Both
Triable Any Magistrate

Defining the Offence and Punishment under Clause 98

Clause 98 of BNS clearly defines that -“ Whoever sells, lets to hire, or otherwise disposes of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.”

Bail Provision for the Offence under Clause 98

Here, the complete stepwise procedure of Bail is given below:

Step 1: Seeking Legal Professional help

It is essential to seek legal help from an experienced lawyer, who provides complete guidance on the process of bail. Because it is a bailable offence the accused has to approach the police station where the accused has been arrested. Here, the lawyer also helps to prepare the application and representation in front of police during Bail procedure.

“Litem Legalis” with years of experience can help you to get bail through a hassle-free process.

Step 2: Application Filing

On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:

  • Accused Details ( ex - Name, Address & Occupation)
  • Nature of Offense
  • Date of Custody or Bail
  • Grounds of Bail
  • Sureties (if applicable) or Guarantees.

Step 3: Hearing on Bail Application

After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.

Step 4: Grant of Bail or Denied

At the end of the hearing, the bail can be granted or denied based on the seriousness of the offence, evidence, character and public interest. If the bail is granted, the accused is released but with some conditions such as bind payment, police check-ins and limited travelling.

If the court denies the bail, the accused has to stay in custody until trial. Some of the offices such as murder, kidnapping, etc restrict bail under BNS2. Therefore, taking legal guidance is crucial throughout the procedure.

How can “Litem Legalis” help you?

Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."

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Conclusion

The BNS's Clause 98 serves as an essential barrier against the heinous prostitution of minors, demonstrating society's dedication to protecting its most defenseless citizens. The harsh penalty outlined in this section highlights the seriousness of the crime and acts as a disincentive to commit similar horrible deeds. In addition, the bail process described below guarantees a balance between the rights of the accused and the need to protect minors from danger. To preserve childhood holiness and stop the reprehensible practice of child prostitution, legal systems must strictly implement these regulations.

Frequently Asked Questions (FAQs)

What is Bail?

Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.

What is Bharatiya Nayaya Sanhita 2023?

Bharatiya Nayaya Sahinta 2023 is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.

Which offences are not applicable for bail?

Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.

What is the Anticipatory Bail?

Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.

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