Whoever buys, hires or otherwise obtains possession 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 shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine.
Explanation 1 — —Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Explanation 2 — —“Illicit intercourse” has the same meaning as in section 98.
Legal Commentary & Landmark Judgments: Section 99
Section 99 penalizes buying, hiring, or otherwise obtaining possession of any child with intent that such child shall be employed or used for the purpose of prostitution or illicit intercourse, prescribing imprisonment extending up to ten years, and fine.
When raiding commercial brothels or transit hotels where minor girls were recovered, charge the brothel owner under Section 99 BNS: the statutory presumption of prostitution applies automatically, shifting the entire burden of explanation to the brothel owner.