Indian Penal Code, 1860
Section 372
repealedSelling minor for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person 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 person 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.
Why this exists
This provision criminalizes the supply side of child sexual exploitation, targeting anyone who effectively 'sells' a minor into a situation of sexual exploitation or other immoral, unlawful use, whether or not the exploitation happens immediately. It works alongside section 373, which punishes the buyer, to attack both ends of this exploitative transaction. The Bharatiya Nyaya Sanhita, 2023 continues to criminalize selling a minor for such purposes.
How courts read it
Courts have held that the offence is complete at the point of sale or disposal with the requisite intent or knowledge, regardless of whether the minor is actually exploited immediately or only 'at any age' in the future, as the section's wording specifically anticipates delayed exploitation.