IPC Section 374 and BNS Section 146: Unlawful Compulsory Labour

Unlawfully forcing a person to work against their will is a criminal offence in India. The earlier provision was Section 374 of the Indian Penal Code, 1860. Its corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 146.

Meaning of unlawful compulsory labour

Unlawful compulsory labour means compelling a person to perform work against that person's will without lawful authority. The provision protects personal freedom against unlawful coercion to work. Whether particular conduct constitutes the offence depends on the circumstances and the evidence of compulsion.

Text of Section 374 of the Indian Penal Code, 1860

Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Section 146 of the Bharatiya Nyaya Sanhita, 2023

Section 146 of the BNS retains the same substantive prohibition and punishment as the former IPC Section 374. The provision states:

Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

The BNS came into force on 1 July 2024. For conduct occurring before that date, the applicable IPC provisions and relevant savings and transitional rules must be considered; the repeal does not automatically erase earlier criminal liability.

Essential ingredients of the offence

1. Compulsion: A person is compelled to perform labour.
2. Against the person's will: The labour is imposed contrary to the person's free choice.
3. Unlawfulness: The compulsion is not legally authorised.

Evidence may include threats, coercive restrictions, withholding of freedom or other circumstances showing that the work was not genuinely voluntary. The prosecution must establish the legal ingredients on the facts of the particular case.

Punishment and classification under the current law

Classification is based on the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.

Constitutional protection under Article 23

Article 23(1) of the Constitution of India prohibits trafficking in human beings, begar and other similar forms of forced labour. Begar generally refers to labour exacted without payment. Article 23(2) permits the State to impose compulsory service for public purposes, subject to its constitutional restrictions. A breach of constitutional protections may also engage other applicable statutory remedies.

Related laws and offences

Depending on the facts, forced labour may also raise issues under the Bonded Labour System (Abolition) Act, 1976, the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, or trafficking provisions under the BNS. These are distinct legal provisions with their own elements and penalties; they do not automatically apply to every case under Section 146.

Frequently asked questions

What is the new BNS section for IPC Section 374?

Section 146 of the Bharatiya Nyaya Sanhita, 2023 corresponds to IPC Section 374.

Is unlawful compulsory labour a bailable offence?

Yes. BNS Section 146 is classified as bailable in the BNSS First Schedule.

Can police register a case without a Magistrate's prior order?

The offence is cognizable under the BNSS First Schedule. The ordinary rules governing cognizable offences, registration and investigation apply.

What is the maximum punishment?

Imprisonment of either description for up to one year, or a fine, or both.

Official legal references

• Bharatiya Nyaya Sanhita, 2023 - statutory sections (NCRB, Ministry of Home Affairs)
• BNSS First Schedule - classification of offences (NCRB)
• India Code - official central legislation database
• Constitution of India - Legislative Department

This article is general legal information. Application of the law to particular facts may require professional advice.