Section 96 of BNS ensures that no child is lured, forced, or tricked into illegal activities. The Bhartiya Nyay Sanhita 2023 Section 96 is a crucial law designed to protect children from exploitation and trafficking. It replaces the older IPC laws, strengthening legal action against offenders.
In this article, we will explore Section 96 of BNS, its significance, legal implications, relevant case laws, and challenges in implementation.
What is Section 96 of BNS in Bhartiya Nyay Sanhita 2023?
Section 96 states:
Whoever, by any means, induces a child to move from a place or perform an act with intent or knowledge that it may lead to sexual exploitation shall be punished with imprisonment of up to ten years and a fine.
This law aims to combat child trafficking and exploitation. The punishment is strict to deter offenders.
Key Elements of Section 96 of BNS
- Inducement – Persuading or forcing a child to act in a way that leads to harm.
- Intent – Knowing or intending that the act could lead to exploitation.
- Age Factor – Applies to all children, regardless of gender.
- Punishment – Up to 10 years imprisonment and a fine.
How Section 96 of BNS Differs from IPC Section 366A
Earlier, IPC Section 366A focused on procuring minor girls. However, Bhartiya Nyay Sanhita 2023 Section 96 of BNS extends protection to all children. This broader scope makes the law more effective in tackling exploitation.
Case Laws on Section 96 of BNS: Child Trafficking and Exploitation
Several landmark cases highlight the importance of strict laws against child trafficking:
- Gaurav Jain v. Union of India (1997)
- The Supreme Court emphasized the need for the rehabilitation of victims.
- Bachpan Bachao Andolan v. Union of India (2011)
- The court called for stricter actions against trafficking.
- State of Tamil Nadu v. Suhaila (2002)
- The judgment reinforced that inducing minors into illegal activities is a severe crime.
Why Section 96 is Important
- Protects Children: Shields children from predators and traffickers.
- Strong Punishment: Ensures that offenders face serious legal consequences.
- Gender-Neutral: Covers all children, unlike older laws.
- Modern Legal Approach: Aligns with international child rights standards.
Short Note on
- What? Law preventing child exploitation.
- Who? Anyone inducing a child for illicit activities.
- Punishment? Up to 10 years imprisonment and a fine.
- Key Change? Includes all children, not just girls.
Challenges in Implementing
Despite strong laws, enforcement remains a challenge. Authorities and NGOs must work together to:
- Raise Awareness – Educate parents and children about legal protections.
- Strengthen Law Enforcement – Ensure quick legal action against offenders.
- Improve Rehabilitation – Provide support for rescued children.
Conclusion
Bhartiya Nyay Sanhita 2023 Section 96 is a significant step in child protection laws. It ensures that offenders are held accountable and children remain safe from trafficking and exploitation. However, effective implementation and public awareness are essential for real impact.
Disclaimer
This article is for informational purposes only and not legal advice. For expert guidance, consult a qualified lawyer or refer to official legal sources.