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Section 96: Procuration of Child

Bharatiya Nyaya Sanhita • Chapter V: Of Offences Against Women & Children • Official Statutory Text & Legal Guide

Chapter V: Of Offences Against Women & Children
Court of Session
Non-Bailable
Cognizable
Formerly Sec 366A IPC
Section 95 All 358 Sections of Bharatiya Nyaya Sanhita Section 97

Legal Commentary & Landmark Judgments: Section 96

Section 96 penalizes the procuration of a child, criminalizing inducing any child to go from any place or to do any act with intent that such child may be forced or seduced to illicit intercourse, prescribing imprisonment up to ten years, and fine.

  • Child Victim Scope: Applies to any child under eighteen years of age.
  • Procuration Conduct: Inducing, taking, or enticing the child by any means to leave home or travel to another place.
  • Sexual Exploitation Intent: Done with intent or knowledge that the child will be forced or seduced into illicit intercourse or commercial sexual exploitation.
Key Landmark Precedents:
  • T.D. Vadgama v. State of Gujarat (1972) 3 SCC 382: The Supreme Court examined child procuration under Section 366A IPC (Section 96 BNS), holding that active inducement facilitating sexual exploitation constitutes completed procuration.
  • Pradeep Kumar v. State of Bihar (2007) 7 SCC 413: Affirmed that procuring minor girls for brothels or transit lodges warrants severe custodial sentencing.
Courtroom Practice & Strategic Litigation Guidance:

In trafficking prosecutions, charge under Section 96 BNS alongside Section 143 BNS (trafficking of persons): prove railway or bus booking trails and travel tickets organized by the accused to establish completed procuration.

Section 95 All 358 Sections of Bharatiya Nyaya Sanhita Section 97