BNS Section 146 – Unlawful compulsory labour
IPC Section – 374
Cognizable offence
punishable with imprisonment for one year, or fine or
with both.
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.
Unlawful Compulsory Labour (BNS-146)
1. What is the Offence?
This law addresses the illegal act of forcing someone to work against their will. It includes any form of labour where the individual is coerced or compelled through threats, intimidation, or deceit.
2. Key Elements of the Offence
- Unlawful Compulsion: The act involves forcing someone to work without their consent.
- Forms of Coercion: This can include threats, intimidation, or deceit.
- Protection of Rights: The law reinforces the protection of individual freedoms and upholds basic human rights.
3. Punishment
- Imprisonment: Up to 1 year (rigorous or simple), or
- Fine: A monetary penalty may be imposed, or
- Both imprisonment and fine.
4. Type of Offence
- Cognizable: Police can arrest without a warrant.
- Bailable: The accused can claim bail as a right.
- Court: The case will be tried by any Magistrate.
5. Purpose of the Law
- The law aims to protect individuals from being forced into labour without their consent.
- It is particularly relevant in cases involving bonded labour, human trafficking, or other forms of labour exploitation.
Summary of the Offence
| Offence | Punishment | Cognizable/Non-cognizable | Bailable/Non-bailable | Court |
|---|---|---|---|---|
| Unlawful compulsory labour | Up to 1 year imprisonment, fine, or both | Cognizable | Bailable | Any Magistrate |