Indian Penal Code, 1860
Section 366A
repealedProcuration of minor girl
Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she 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, known as the 'procuration' clause, targets the specific role of intermediaries or procurers who lure minor girls for sexual exploitation by others, often as part of trafficking networks. It exists to catch the enabling act of inducement itself, even separate from the final act of exploitation. The Bharatiya Nyaya Sanhita, 2023 continues to criminalize procuration of a child for illicit intercourse.
How courts read it
Courts have held that the offence is complete once the inducement with the required intent or knowledge is shown; it does not require that the illicit intercourse actually take place, only that it was intended or reasonably foreseeable.
Common misconceptions
- Myth: Only the person who actually commits the sexual exploitation can be punished.
Fact: This section specifically punishes the person who induces or lures the minor girl away, even if someone else carries out the actual exploitation.