The crime only happens if the child is actually sexually abused afterward.

The offence is complete once the accused induces the child to go somewhere or do something with the required intent or knowledge — the actual sexual abuse does not need to occur for this section to apply.

This law only protects girls.

Unlike its predecessor (IPC Section 366A, which specifically protected 'minor girls'), Section 96 of the BNS uses the gender-neutral term 'child', extending protection to boys and children of all genders.

Bharatiya Nyaya Sanhita, 2023

Section 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.§

Why this exists

This provision continues the spirit of the earlier Indian Penal Code offence of 'procuration of a minor girl' (Section 366A, IPC 1860), which was created to stop traffickers, pimps, and predators from luring young girls away from safety to exploit them sexually. The Bharatiya Nyaya Sanhita, 2023 widens the protection to 'any child' regardless of gender, reflecting modern recognition that boys and transgender children can also be victims of sexual exploitation and trafficking.

Common misconceptions

Myth: The crime only happens if the child is actually sexually abused afterward.
Fact: The offence is complete once the accused induces the child to go somewhere or do something with the required intent or knowledge — the actual sexual abuse does not need to occur for this section to apply.
Myth: This law only protects girls.
Fact: Unlike its predecessor (IPC Section 366A, which specifically protected 'minor girls'), Section 96 of the BNS uses the gender-neutral term 'child', extending protection to boys and children of all genders.