Indian criminal law | Updated 30 October 2026
IPC Section 366B: Importation of Girl from Foreign Country and BNS Section 141
Section 366B of the Indian Penal Code, 1860 addressed bringing a girl below twenty-one years of age into India for the specified purpose of illicit intercourse. The corresponding current law, Section 141 of the Bharatiya Nyaya Sanhita, 2023 (BNS), also covers a boy below eighteen years of age.
At a glance: Section 366B IPC and Section 141 BNS
| Issue | IPC Section 366B (former law) | BNS Section 141 (current law) |
|---|---|---|
| Offence | Importation of a girl from a foreign country | Importation of a girl or boy from a foreign country |
| Age threshold | Girl under 21 years | Girl under 21 years or boy under 18 years |
| Required purpose or knowledge | Intent or knowledge of likelihood of forced or seduced illicit intercourse with another person | Same essential intent or knowledge requirement |
| Punishment | Imprisonment up to 10 years and fine | Imprisonment up to 10 years and fine |
What did IPC Section 366B provide?
The former provision penalised a person who imported into India from a country outside India a girl under twenty-one years, intending that she would be, or knowing it was likely that she would be, forced or seduced to illicit intercourse with another person. The prescribed punishment was imprisonment extending to ten years and a fine.
The uploaded older text also refers to importation from the State of Jammu and Kashmir. That is a historical feature of the earlier statutory wording and should not be read as a description of India's present territorial or constitutional position. The current BNS provision refers to importation from a country outside India.
Current law: Section 141 of the Bharatiya Nyaya Sanhita, 2023
Section 141 is titled Importation of girl or boy from foreign country. It applies where a person brings into India from another country a girl below twenty-one years or a boy below eighteen years, with intent that the girl or boy may be, or with knowledge that the girl or boy is likely to be, forced or seduced to illicit intercourse with another person.
Punishment: Imprisonment for a term that may extend to ten years, together with a fine. The section does not prescribe a mandatory minimum imprisonment term.
Essential ingredients of the offence
- Importation into India: The person must have been brought into India from a country outside India.
- Statutory age: Under BNS Section 141, the person imported must be a girl under twenty-one years or a boy under eighteen years.
- Specific intent or knowledge: The accused must intend that the person be forced or seduced to illicit intercourse with another person, or know that such an outcome is likely.
- Proof of circumstances: Evidence about age, travel, recruitment, communications, arrangements and the intended destination or exploitation may be relevant to the statutory elements.
The provision is not a general prohibition on bringing a minor into India. The specified purpose or knowledge is a necessary ingredient. Conversely, the statutory offence does not require proof that the contemplated illicit intercourse actually occurred, if the required elements of importation and intent or knowledge are established.
Cognizable offence, bail and trial
Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under BNS Section 141 is classified as cognizable and non-bailable, and is triable by a Court of Session. A non-bailable classification does not mean bail is legally impossible; an application is considered under the applicable bail provisions and circumstances.
Related legal provisions
Depending on the circumstances, other provisions may be relevant, including IPC Section 366A (procuration of a minor girl), now broadly corresponding to BNS Section 96 (procuration of child), and trafficking offences under BNS Section 143. The Protection of Children from Sexual Offences Act, 2012 (POCSO), may also apply where the victim is under eighteen and its independent ingredients are met.
For related offences, see IPC Section 366 on kidnapping or abducting a woman and IPC Section 370 on trafficking.
Official legislation and references
- India Code - Bharatiya Nyaya Sanhita, 2023 (official PDF; see Section 141)
- National Crime Records Bureau - BNS provisions and IPC correspondence
- India Code - central legislation repository
- Ministry of Home Affairs - official statement on anti-trafficking and child protection laws
Frequently asked questions
What is the BNS equivalent of IPC Section 366B?
Section 141 of the Bharatiya Nyaya Sanhita, 2023, covers importation of a girl or boy from a foreign country for the specified illicit purpose.
Does BNS Section 141 apply to boys?
Yes. Unlike the former IPC Section 366B, it expressly covers boys under eighteen years, as well as girls under twenty-one years.
What is the punishment under BNS Section 141?
Imprisonment up to ten years and a fine.
Is BNS Section 141 bailable?
It is classified as non-bailable under the BNSS First Schedule, but a court may consider bail under the applicable law.
This article is for general legal information. Legal advice should be based on the date of the incident, evidence, statutory amendments and the facts of the individual case.