Bharatiya Nyaya Sanhita, 2023
BNS Section 144
Exploitation of a trafficked person
In one line
BNS Section 144 deals with exploitation of a trafficked person and replaces IPC 370A.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 144(1) | Exploitation of a trafficked child. | Rigorous imprisonment for not less than 5 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 144(2) | Exploitation of a trafficked person. | Rigorous imprisonment for not less than 3 years but which may extend to 7 years 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 144
144. Exploitation of a trafficked person.
(1) Whoever, knowingly or having reason to believe that a child 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 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.
What changed from the IPC
- IPC 370A → BNS 144: The upper limit of imprisonment is increased from seven years to ten years, and for sub- section (2), from five years to seven years.
- IPC 370A → BNS 144: "minor" is replaced by "child".
Frequently asked
What was BNS Section 144 in the IPC?
BNS Section 144 (Exploitation of a trafficked person) replaces Section 370A of the Indian Penal Code, 1860. IPC 370A is now BNS 144.
What is the punishment under BNS 144(1)?
Exploitation of a trafficked child – punishable 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. 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 144(2)?
Exploitation of a trafficked person – punishable 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. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 144 bailable?
Non-bailable: BNS 144(1), 144(2). 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 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 143 — Trafficking of 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
- BNS 149 — Collecting arms, etc., with intention of waging war against Government of India