What is IPC Section 373?
IPC Section 373 falls within Chapter XVI of the Indian Penal Code ("Of Offences Affecting the Human Body"), within the sub-group of provisions addressing the exploitation and trafficking of minors (Sections 372-373). Together with the immediately preceding Section 372 (selling a minor for the same purposes), this section addresses the complete transactional chain involved in trafficking minors for prostitution, illicit intercourse, or other unlawful and immoral purposes — Section 372 targets those who sell or dispose of a minor, while Section 373 targets those on the receiving end, who buy, hire, or otherwise obtain possession of the minor.
The section's inclusion of an evidentiary presumption — that any prostitute or brothel-keeper who obtains possession of a female minor is presumed, until proven otherwise, to have done so with intent that she be used for prostitution — reflects Parliament's recognition of the practical difficulty victims and prosecutors often face in directly proving specific intent in these cases, and shifts the burden onto persons in this specific, high-risk category to demonstrate an innocent purpose for having obtained the minor.
Important Update: IPC to BNS Transition
With effect from 1 July 2024, the Indian Penal Code has been replaced by the Bharatiya Nyaya Sanhita (BNS), 2023 for offences committed on or after that date. Section 373 IPC now corresponds to Section 99 of the BNS, which retains the identical definition and evidentiary presumption, but significantly enhances the punishment from a maximum of 10 years under the IPC, to a mandatory minimum of 7 years extending up to 14 years under the BNS — reflecting a legislative determination to substantially strengthen deterrence against this severe form of child exploitation. FIRs registered before 1 July 2024 continue to be tried under IPC 373; incidents after that date are registered under the corresponding BNS provision.
Legal Provision — Text of Section 373 IPC
This section must be read alongside Section 372 (selling minor for purposes of prostitution, etc.), Section 366A (procuration of a minor girl), Section 370 (trafficking of person), and Section 370A (exploitation of a trafficked minor), all of which address closely related aspects of child trafficking and exploitation.
Punishment Under Section 373
| Imprisonment | Imprisonment of either description (simple or rigorous) for a term which may extend to 10 years |
|---|---|
| Fine | Shall also be liable to fine, in addition to imprisonment |
| Nature of Offence | Cognizable — police can register an FIR and investigate without a warrant |
| Bailable / Non-Bailable | Non-Bailable |
| Compoundable | Not compoundable |
| Triable By | Court of Session |
| Related Provisions | Section 372 (selling minor), Section 366A (procuration of minor girl), Section 370 (trafficking of person) |
Key Ingredients / Essential Elements
Buying, hiring, or otherwise obtaining possession
The accused must have engaged in one of these specific acts with respect to a minor.
The person must be under 18 years of age
This age threshold defines the protected category under this section.
Intent, or knowledge of likelihood, of future exploitation
The accused must have intended, or known it likely, that the minor will at any point be used for prostitution, illicit intercourse, or any other unlawful and immoral purpose — this need not be immediate or at the time of acquisition.
Section 372 vs. Section 373: Selling vs. Buying a Minor
Understanding Section 373 is best done alongside its direct counterpart, Section 372. Section 372 addresses selling, letting to hire, or otherwise disposing of a minor for the specified exploitative purposes; Section 373 addresses the corresponding acquisition side — buying, hiring, or otherwise obtaining possession of a minor for the same purposes. Both sections carry identical punishment under the IPC (up to 10 years plus fine), reflecting the equal seriousness with which the law treats both sides of this exploitative transaction.
This dual structure ensures that the entire trafficking transaction — from the person disposing of the minor to the person acquiring them — falls within the Code's criminal net, preventing either party from escaping liability by pointing to the other's role in the transaction. In many real-world cases, both sections may be charged together where evidence supports the involvement of multiple parties across the transaction.
FIR & Bail Process Under Section 373
Filing the FIR
Being cognizable, the police are obligated to register an FIR immediately upon receiving information regarding this offence, and cases of this nature typically involve specialized anti-trafficking units.
Investigation
Investigation focuses on establishing the specific transaction, the age of the minor, and the accused's intent or knowledge regarding the intended exploitative purpose.
Bail
Being non-bailable, and given the extreme severity of this offence, securing bail is exceptionally difficult.
Trial
The case is tried before the Court of Session, and being non-compoundable, proceeds through the full, rigorous trial process appropriate to an offence of this gravity.
Important / Landmark Cases on Section 373
Application of the Statutory Presumption
Courts interpreting Section 373 have applied the section's specific evidentiary presumption strictly — where a prostitute or brothel-keeper is shown to have bought, hired, or obtained possession of a female minor, the burden shifts to them to demonstrate an innocent purpose, failing which the presumed intent to use her for prostitution stands established.
Intent Need Not Relate to Immediate Use
Courts have clarified that the section's language — "at any age be employed or used" — confirms that the intended exploitative purpose need not be immediate; an intention to use the minor for such purposes at some point in the future, even after they reach adulthood, is sufficient to satisfy this element.