Review of Laws and Legislative Measures Affecting Women
by National Commission for Women (NCW)

No. 6 : Indian Penal Code

Existing Provision

Ss. 372 and 373 of the IPC.

Proposed Amendments by Government

Expressed concern on reported sale of young girls in the guise of marriage.

Suggested Amendments by NCW

Ss. 372 and 373 of the IPC prohibits 'sale, letting on hire or otherwise disposing of a child or, as the case may be, buying, hiring or otherwise obtaining possession of, such child. However, these two sections are confined to transactions for specific purposes, i.e. for prostitution or illicit intercourse with any person or for any unlawful and immoral purpose.

Consequential Amendments Suggested in other Statutes

Indian Penal Code

  1. Amendment to s. 359 to make appropriate change in the definition of kidnapping.

  2. Amendment of S.361 so as to remove the differentiation of age of male and female child; to provide for definition of consent and to omit the exception.

General Suggestions and Remarks

The fact of sale of minor girls was brought to light recently by Ameena's case.

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