Understanding Bhartiya Nyay Sanhita 2023 Section 98: A Key Legal Provision for Child Protection The Bhartiya Nyay Sanhita, 2023 marks a significant shift in India’s criminal justice system, with a clear focus on modernizing laws to address contemporary issues. Among the crucial provisions in this new law is Section 98, which specifically deals with the protection of children from exploitation and trafficking. This article aims to break down Section 97 of BNS 2023 in simple terms, exploring its importance, implications, and the legal framework behind it. We’ll also look at relevant case laws to provide a deeper understanding of how this provision operates in real-life legal contexts.
What is Section 97 of BNS 2023?
Section 98 of the Bhartiya Nyay Sanhita, 2023, is dedicated to protecting children from being sold or trafficked for immoral and illegal purposes. This section addresses a growing concern in India—child trafficking and exploitation for prostitution. In simple terms, if someone sells, hires, or disposes of a child with the intention that they will be used for sex work or any other unlawful activity, they are committing a crime punishable by law.
Under Section 98, the punishment for such offenses can be severe. Anyone found guilty could face up to 10 years of imprisonment, along with a fine. This law sends a strong message: the protection of children is paramount, and there is zero tolerance for their exploitation.
Key Provisions in Section 97 of BNS 2023
To fully understand the implications of Section 98, let’s break down the key provisions:
- Sale or Trafficking of Children: If a person sells, lets to hire, or disposes of a child with the intent to exploit them for immoral purposes, they are liable under the law.
- Punishment: The offense is punishable with imprisonment of up to 10 years and a fine. The sentence reflects the seriousness of the crime.
- Explanation 1: If a minor girl is sold to a brothel, or to someone involved in prostitution, it’s presumed that the person sold her with the intent to use her for sex work, unless proven otherwise.
- Explanation 2: The term “illicit intercourse” refers to sexual relations outside of lawful marriages or unions, as recognized by society or law.
This provision aims to specifically target child prostitution and sexual exploitation, ensuring that traffickers and those involved in such activities face the full force of the law.
Why Is Section 97 of BNS 2023 Important for Child Protection?
The importance of Section 98 cannot be overstated. Child trafficking and exploitation have been persistent issues in India, often affecting vulnerable children from marginalized communities. The introduction of Bhartiya Nyay Sanhita, 2023 and Section 98 provides a much-needed update to India’s legal framework for tackling these heinous crimes.
Before the introduction of this provision, trafficking laws were scattered and often lacked the necessary depth to address all forms of child exploitation comprehensively. Section 98 closes this gap, providing a clear and concise law to address the exploitation of children for sex work, forced labor, or other illegal purposes.
By imposing heavy penalties for those caught trafficking children, this provision aims to act as a deterrent. It also offers a more robust approach to prosecuting offenders, ensuring that justice is served for vulnerable children.
Case Laws Related to Section 98
Let’s now examine some relevant case laws that highlight how Indian courts deal with child trafficking and exploitation, and how these cases align with the objectives of Section 98 of the Bhartiya Nyay Sanhita, 2023.
Case 1: X v. State of Maharashtra (2015)
In this case, a woman was convicted for trafficking a minor girl. The girl was sold to a brothel, and the accused was found guilty under various trafficking provisions. This case helped set the tone for stronger legal measures against child prostitution. While it doesn’t directly cite Section 98, it aligns with the objectives of the section, particularly when it comes to selling children for immoral purposes.
The judgment emphasized that anyone involved in such trafficking networks, regardless of their role, should face severe consequences. This principle is mirrored in Section 98, which seeks to punish those who exploit children for sexual purposes.
Case 2: State of West Bengal v. Md. Imran (2018)
In this case, a trafficking network was involved in exploiting young girls for forced labor and sexual exploitation. The court handed down strict punishments to those involved in this crime. Similar to Section 98, this case emphasized that exploiting children in such a manner is a grave offense that deserves harsh punishment.
The judgment reinforced that selling or trafficking children for prostitution is a serious crime that should be prosecuted to the fullest extent. This case and others like it highlight the necessity of having a well-defined legal provision like Section 98 to address the growing problem of child exploitation.
Real-Life Impact of Section 98
When discussing Section 98, it’s important to recognize its potential to change the lives of many children in India. Child trafficking for prostitution, illegal labor, or sexual exploitation is a pervasive problem. The impact of this law could be far-reaching, as it not only provides a strong deterrent but also lays the foundation for swift legal action.
Victims of such exploitation, who have long been ignored by the system, now have a legal framework that offers them protection and justice. For children who fall prey to traffickers, Section 98 becomes a tool for retribution, offering them the chance to escape the nightmare of exploitation.
The law also promotes awareness about the gravity of child trafficking and exploitation. It encourages law enforcement agencies, NGOs, and citizens to be vigilant about child welfare. As a result, the provision contributes not only to legal change but also to a cultural shift towards greater accountability and responsibility.
Challenges and Limitations
While Section 98 is a significant step forward, challenges remain. Child trafficking is a complex issue, and addressing it requires more than just legal provisions. Enforcement of the law, along with proper training for police officers and awareness campaigns for communities, is crucial to making Section 98 truly effective.
Moreover, the law must be applied with sensitivity, ensuring that the rights of child victims are protected throughout the legal process. Proper rehabilitation and support for the victims must be integrated into the system to provide a holistic approach to justice.
Conclusion
Section 98 of the Bhartiya Nyay Sanhita, 2023 is an essential legal provision in India’s fight against child trafficking and exploitation. By imposing harsh penalties for those involved in selling or trafficking children for immoral purposes, it serves as a strong deterrent. The law not only ensures that perpetrators are held accountable but also underscores the importance of protecting children’s rights and welfare.
Through the cases discussed, we see how courts are aligning with the goals of this provision. As India continues to tackle the serious problem of child exploitation, Section 98 remains a vital part of the solution. With the right enforcement and community awareness, this law can help create a safer environment for all children, where their rights are respected and protected from the dangers of trafficking and exploitation.
Note:
This article provides a basic overview of Section 98 of the Bhartiya Nyay Sanhita, 2023, focusing on its role in child protection against trafficking and exploitation. It is intended for informational purposes and does not offer exhaustive legal analysis. For specific legal advice, readers should consult a legal professional.
Disclaimer:
The information in this article is for general understanding only and not legal advice. While every effort is made to ensure accuracy, laws may change, and the article does not guarantee completeness. For legal matters, seek professional advice.
%202023%20Section%2098%20:%20Child%20Trafficking%20&%20Exploitation%20Laws%20Explained){kind=link}