IPC Section 371: Habitual Dealing in Slaves and BNS Section 145
Section 371 of the Indian Penal Code, 1860 punished habitual dealing in slaves. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 145.
Text of Section 371 IPC
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Corresponding Provision: Section 145 BNS
Section 145 of the Bharatiya Nyaya Sanhita, 2023 is titled Habitual dealing in slaves and retains the substance and punishment of former Section 371 IPC. It addresses repeated involvement in importing, exporting, removing, buying, selling, trafficking or otherwise dealing in slaves.
Read the official legislation through the India Code record for the Bharatiya Nyaya Sanhita, 2023 or the Bureau of Police Research and Development criminal laws resource.
Essential Elements of the Offence
- Habitual conduct: The statutory word "habitually" indicates repeated or customary involvement rather than an isolated act alone.
- Prohibited dealings: The conduct must involve importing, exporting, removing, buying, selling, trafficking or dealing in slaves.
- Proof: The prosecution must establish the ingredients of the charged offence through admissible evidence. Whether conduct is habitual depends on the facts of the case.
The provision does not separately define the word "slave". Its application must be understood in the context of the statutory language, the facts, and the broader prohibition of slavery and trafficking.
Punishment under IPC 371 and BNS 145
| Offence | Habitual dealing in slaves |
|---|---|
| Former provision | Section 371, Indian Penal Code, 1860 |
| Current provision | Section 145, Bharatiya Nyaya Sanhita, 2023 |
| Imprisonment | Imprisonment for life, or imprisonment of either description for a term not exceeding ten years |
| Fine | Fine is additionally applicable |
| Procedural classification | Cognizable and non-bailable; triable by the Court of Session under the applicable procedural schedule |
The provision does not prescribe a specific minimum term for the alternative imprisonment of up to ten years. The appropriate sentence is determined by the court in accordance with law.
Related Provisions on Trafficking and Forced Labour
Section 143 BNS (trafficking of person) concerns recruitment, transportation, harbouring, transfer or receipt of persons for exploitation through specified means. Its explanation includes slavery, practices similar to slavery, servitude and other forms of exploitation. Section 144 BNS concerns sexual exploitation of a trafficked person. Section 146 BNS addresses unlawful compulsory labour.
Article 23 of the Constitution of India also prohibits trafficking in human beings, begar and other similar forms of forced labour. Depending on the facts, additional statutory provisions may apply.
Frequently Asked Questions
Is IPC Section 371 still in force for new offences?
For offences committed on or after 1 July 2024, the corresponding substantive provision is Section 145 BNS. The former IPC provision can remain relevant to earlier conduct under the applicable legal transition rules.
What is the maximum punishment for habitual dealing in slaves?
Imprisonment for life, together with liability to fine, is provided as one sentencing option. Alternatively, imprisonment of either description for a term not exceeding ten years, together with liability to fine, may be imposed.
Is habitual dealing in slaves a bailable offence?
No. It is classified as non-bailable. Bail is therefore subject to judicial consideration under the applicable procedural law rather than available as an automatic right.
Official Legal References
- Bharatiya Nyaya Sanhita, 2023 - India Code
- New criminal laws - BPR&D, Government of India
- BNS chapters and sections - NCRB
This article is general legal information and not a substitute for advice on specific facts. Updated 30 October 2026.