BNS Section 144 – Exploitation of a trafficked person

IPC Section – 370A

Exploitation of a trafficked person

(1) Whoever, knowingly or having reason to believe that a child below the age of eighteen years has been trafficked, engages such child for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.

(2) Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Exploitation of a Trafficked Person (BNS-144)

1. Trafficking of Children for Sexual Exploitation (Section 1)

• Offence: Exploitation of a trafficked child (below 18 years) for sexual purposes.
• Key Elements:
  1. Knowingly or having reason to believe that the child has been trafficked.
  2. Engaging the child in sexual exploitation in any form.
• Punishment:
  • Rigorous Imprisonment: Not less than 5 years, which may extend to 10 years, and
  • Fine.
• 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.

2. Trafficking of Adults for Sexual Exploitation (Section 2)

• Offence: Exploitation of a trafficked adult for sexual purposes.
• Key Elements:
  1. Knowingly or having reason to believe that the person has been trafficked.
  2. Engaging the person in sexual exploitation in any form.
• Punishment:
  • Rigorous Imprisonment: Not less than 3 years, which may extend to 7 years, and
  • Fine.
• 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.

3. Definitions and Important Points

• Trafficking: Involves recruiting, transporting, or transferring individuals through coercion, abduction, fraud, or force for the purpose of exploitation.
• Sexual Exploitation: Using a person or child for sexual activities in exchange for money, goods, or services.
• Knowingly: The offender must have full knowledge or reason to believe that the individual is trafficked.

4. Distinctions Between Sections (1) and (2)

• Section (1): Pertains specifically to children under 18 years.
• Section (2): Applies to adults, with slightly less severe punishment.

5. Purpose of the Law

• The law aims to deter the exploitation of trafficked individuals, especially children, by imposing strict imprisonment terms and fines.
• It reflects the seriousness of the crime, with higher penalties for trafficking involving children.

Summary of Offences and Punishments