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Report No. 146

3.9. Limitations of sections 372-373, Indian Penal Code.-

Having quoted sections 372 and 373, Indian Penal Code, we would like to point out that (so far as it is relevant for the present purpose) the operation of these sections is subject to two important limitations:-

(a) In the first place, they are confined to sale (or purchase), letting on hire (or taking on hire) or other disposal (or acquisition on disposal) of a person under the ago of 18 years. They do not cover the sale, etc. of adults.

(b) Secondly, the sections are confined to transactions entered into for any of the purposes specified in the sections. Broadly speaking, these are-

(i) prostitution,

(ii) illicit intercourse with any person, or

(iii) any unlawful and immoral purpose.

Thus, sale of a person above the age of 18 years is not punished nor is any sale for a purpose not specified in the sections.



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