Section 370 · Trafficking of person
Text size — level 1 of 4
1[370. Trafficking of person.-- (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports,
(c) harbours, (d) transfers, or (e) receives, a person or persons, by
First.using threats, or
Secondly.using force, or any other form of coercion, or
Thirdly.by abduction, or
Fourthly.by practising fraud, or deception, or
Fifthly.by abuse of power, or
Sixthly. by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control overthe 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, or the 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 minor, 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 minor, 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 minor 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.
First.using threats, or
Secondly.using force, or any other form of coercion, or
Thirdly.by abduction, or
Fourthly.by practising fraud, or deception, or
Fifthly.by abuse of power, or
Sixthly. by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control overthe 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, or the 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 minor, 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 minor, 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 minor 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.
The offence at a glance
- Punishment
- Imprisonment for life, minimum 7 years, up to 10 years, fine (no stated ceiling)
- Statutory minimum
- 7 years
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Court of Session
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
Sub-sections of this section carry different penalties; the maximum is shown.
From the First Schedule to the BNSS (the CrPC's, for IPC offences)
In the new law
IPC 370BNS 143
143. Trafficking of person.
Compare the two texts →Your private note on this section
Only you can see this note.
How this section has changed
The law that applies is the law as it stood on the date of the offence — which is why this timeline matters.
- 2013SubstitutedIn force from:
By: Act 13 of 2013
With effect from 3-2-2013.
The text in force on the date of the offence is the text that applies — a later amendment does not reach back.