BNS Section 141 – Importation of girl or boy from foreign country
IPC Section – 366 B
Cognizable offence
punishable with imprisonment for ten years and fine.
Whoever imports into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
Importation of a Girl or Boy from a Foreign Country
1. What is the Offence?
This law criminalizes the act of importing a girl under 21 years or a boy under 18 years into India from a foreign country with the intent or knowledge that the person may be forced or seduced into illicit intercourse with another person.
2. Key Elements of the Offence
- Age Limits:
- Girls: Below 21 years.
- Boys: Below 18 years.
- Intent or Knowledge:
The importer must either intend or know that the victim is likely to be subjected to illicit intercourse. - Focus on Exploitation:
The law specifically addresses trafficking minors for sexual exploitation, emphasizing the protection of children from being imported for illegal purposes.
3. Punishment
- Imprisonment: Up to 10 years.
- Fine: The offender is also liable to pay a fine.
4. Type of Offence
- Cognizable: Police can arrest without a warrant.
- Non-bailable: The accused cannot claim bail as a right.
- Court: The case will be tried by the Court of Session.
5. Purpose of the Law
- The law aims to prevent the trafficking of minors into India for sexual exploitation.
- It ensures strict penalties to deter such crimes and protect vulnerable children from harm.
Summary of the Offence
Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
---|---|---|---|---|
Importation of a girl or boy from a foreign country | Up to 10 years imprisonment and fine | Cognizable | Non-bailable | Court of Session |