IPC Section 370 and BNS Section 143: Trafficking of Persons
Section 370 of the Indian Penal Code, 1860 dealt with trafficking of persons. For offences committed on or after 1 July 2024, the corresponding provision is Section 143 of the Bharatiya Nyaya Sanhita, 2023 (BNS). It criminalises recruitment, transportation, harbouring, transfer or receipt of a person through specified improper means for exploitation.
Current law: Section 143 BNS
Section 143(1) requires an act of recruiting, transporting, harbouring, transferring or receiving one or more persons for the purpose of exploitation, accomplished by one or more of the following means:
- Threats;
- Force or another form of coercion;
- Abduction;
- Fraud or deception;
- Abuse of power; or
- Inducement, including giving or receiving payments or benefits to secure the consent of someone controlling the person concerned.
Exploitation includes physical or sexual exploitation, slavery or similar practices, servitude, beggary, and forced removal of organs. The victim's consent is immaterial to determining the trafficking offence under this provision.
Unlike the earlier IPC wording, the BNS expressly includes beggary in the statutory explanation of exploitation.
Punishment under Section 143 BNS
| Provision | Nature of offence | Punishment |
|---|---|---|
| 143(2) | Trafficking of a person | Rigorous imprisonment of 7 to 10 years and fine |
| 143(3) | Trafficking of more than one person | Rigorous imprisonment of 10 years to life and fine |
| 143(4) | Trafficking of a child | Rigorous imprisonment of 10 years to life and fine |
| 143(5) | Trafficking of more than one child | Rigorous imprisonment of 14 years to life and fine |
| 143(6) | Repeat conviction for trafficking of a child | Imprisonment for the remainder of natural life and fine |
| 143(7) | Trafficking involving a public servant or police officer | Imprisonment for the remainder of natural life and fine |
Offences under Section 143 are cognizable and non-bailable and are triable by a Court of Session under the BNSS First Schedule.
Earlier law: Section 370 IPC
Section 370 IPC, as amended before its replacement, criminalised recruiting, transporting, harbouring, transferring or receiving persons for exploitation by threats, force, coercion, abduction, fraud, deception, abuse of power or inducement involving a controlling person. The provision stated that the consent of the victim was immaterial.
Its explanation covered physical and sexual exploitation, slavery and similar practices, servitude and forced removal of organs. It prescribed the following penalties:
- Ordinary trafficking: rigorous imprisonment for 7 to 10 years and fine.
- More than one person: rigorous imprisonment for 10 years to life and fine.
- One minor: rigorous imprisonment for 10 years to life and fine.
- More than one minor: rigorous imprisonment for 14 years to life and fine.
- Repeat conviction for trafficking a minor: imprisonment for the remainder of natural life and fine.
- Involvement of a public servant or police officer: imprisonment for the remainder of natural life and fine.
The earlier section remains relevant when determining the law applicable to conduct before 1 July 2024, subject to the repeal-and-savings provisions and applicable constitutional safeguards.
Important legal definitions and distinctions
Trafficking versus kidnapping
Kidnapping and abduction are distinct offences. Trafficking focuses on an exploitation purpose together with a prohibited means and one of the specified acts. A victim need not cross a state or national border for trafficking to occur.
Child trafficking
Under BNS terminology, a child is a person below 18 years of age. Section 143 provides enhanced minimum sentences when one or more children are trafficked.
Sexual exploitation of a trafficked person
Section 144 BNS separately punishes knowingly engaging a trafficked child or other trafficked person for sexual exploitation. Its requirements are distinct from those for the underlying trafficking offence.
Forced labour and other laws
Depending on the facts, other provisions concerning unlawful compulsory labour, child protection, bonded labour, sexual offences or organised crime may also apply. The applicable offences must be assessed individually rather than presumed.
Illustrative examples
Example 1: A recruiter deceives a worker with a false job offer and transports the worker for forced exploitation. The recruitment and transport, deception and exploitative purpose may together satisfy Section 143.
Example 2: An intermediary receives payments from a controller of a child and transfers the child for exploitation. Section 143 and its enhanced child-trafficking punishment may apply, depending on the evidence.
These are simplified illustrations; the precise charges depend on evidence and the law applicable on the date of the acts.
Frequently asked questions
Which BNS section replaced IPC Section 370?
Section 143 of the Bharatiya Nyaya Sanhita, 2023 is the corresponding provision for trafficking of persons.
Is the victim's consent a defence to trafficking?
No. Section 143 expressly provides that the victim's consent is immaterial in determining the offence of trafficking.
Is trafficking punishable by life imprisonment?
Yes. Several aggravated forms carry life imprisonment; repeat child trafficking and involvement of a public servant or police officer carry imprisonment for the remainder of natural life.
Is trafficking a bailable offence?
No. The BNSS First Schedule classifies the Section 143 offences as non-bailable.
Official legal sources
Legal information only. For a specific case, verify the statute and amendments applicable to the date of the alleged conduct and seek professional advice.