Section 143 of The Bharatiya Nyaya Sanhita (BNS):
Trafficking of person.
(1) Whoever, for the purpose of exploitation, recruits, transports, harbours, transfers, or receives, a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or (c) by abduction; or
(d) by practicing fraud, or deception; or
(e) by abuse of power; or
(f) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received,
commits the offence of trafficking.
Explanation 1.—The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs.
Explanation 2.—The consent of the victim is immaterial in determination of the offence of trafficking.
(2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.
(3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a child below the age of eighteen years,it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(5) Where the offence involves the trafficking of more than one child below the age of eighteen years, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking of child below the age of eighteen years on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.
Read https://www.myjudix.com/blog to get access to brief analysis of latest case laws and access to top legal articles and updated bare acts.
Section 144 of The Bharatiya Nyaya Sanhita (BNS):
Exploitation of a trafficked person.
(1) Whoever, knowingly or having reason to believe that a child below the age of eighteen years has been trafficked, engages such child for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.
(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.
Explore myjudix.com to get access to the most practical and efficient judiciary coaching in India with a separate customised course for prelims and separate customized course for mains.
Section 143 BNS| Section 144 BNS| Section 143 & Section 144 Bharatiya Nyaya Sanhita| Trafficking
Comments