Bharatiya Nyaya Sanhita, 2023
BNS Section 143
Trafficking of person
In one line
BNS Section 143 deals with trafficking of person and replaces IPC 370.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 143(2) | Trafficking of person. | Rigorous imprisonment for not less than 7 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(3) | Trafficking of more than one person. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(4) | Trafficking of a child. | Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(5) | Trafficking of more than one child. | Rigorous imprisonment for not less than 14 years but which may extend to imprisonment for life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(6) | Person convicted of offence of trafficking of child on more than one occasion. | Imprisonment for life which shall mean the remainder of that person's natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 143(7) | Public servant or a police officer involved in trafficking of child. | Imprisonment for life which shall mean the remainder of that person's natural life and fine. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 143
143. Trafficking of person.
(1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by— (a) using threats; or (b) using force, or any other form of coercion; or (c) by abduction; or (d) by practising fraud, or deception; or (e) by abuse of power; or (f) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the 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, beggary or 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 child, 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 child, 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 a child 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.
What changed from the IPC
- IPC 370 → BNS 143: Word "minor" is replaced by "child".
Frequently asked
What was BNS Section 143 in the IPC?
BNS Section 143 (Trafficking of person) replaces Section 370 of the Indian Penal Code, 1860. IPC 370 is now BNS 143.
What is the punishment under BNS 143(2)?
Trafficking of person – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 143(3)?
Trafficking of more than one person – Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 143(4)?
Trafficking of a child – Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 143(5)?
Trafficking of more than one child – Rigorous imprisonment for not less than 14 years but which may extend to imprisonment for life and fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 143(6)?
Person convicted of offence of trafficking of child on more than one occasion – punishable with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 143(7)?
Public servant or a police officer involved in trafficking of child – punishable with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 143 bailable?
Non-bailable: BNS 143(2), 143(3), 143(4), 143(5), 143(6), 143(7). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 138 — Abduction
- BNS 139 — Kidnapping or maiming a child for purposes of begging
- BNS 140 — Kidnapping or abducting in order to murder or for ransom, etc
- BNS 141 — Importation of girl or boy from foreign country
- BNS 142 — Wrongfully concealing or keeping in confinement, kidnapped or abducted person
- BNS 144 — Exploitation of a trafficked person
- BNS 145 — Habitual dealing in slaves
- BNS 146 — Unlawful compulsory labour
- BNS 147 — Waging, or attempting to wage war, or abetting waging of war, against Government of India
- BNS 148 — Conspiracy to commit offences punishable by section 147