BNS Section 143

(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 practicing 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 below the age of eighteen years,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 below the age of eighteen years, 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 child below the age of eighteen years 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.

Key Points
 

1. Trafficking Definition:
    

   • BNS-143 defines human trafficking as any act of recruiting, transporting, harboring, transferring, or receiving individuals with the intent of exploitation.
      

   • Methods include threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement (through payments or benefits) to control the person.
      

2. Exploitation:
    

   • "Exploitation" encompasses physical or sexual exploitation, slavery, servitude, beggary, or the forced removal of organs.
      

   • Consent: The victim’s consent does not excuse the crime, as consent is deemed irrelevant in cases of trafficking.
      

3. Punishment:
    

   • Basic Offence: Trafficking leads to rigorous imprisonment of 7 to 10 years, plus a fine.
      

   • Multiple Victims: Trafficking more than one person results in 10 years to life imprisonment, with fines.
      

   • Child Trafficking: If the victim is below 18 years, imprisonment is 10 years to life.
      

   • Multiple Child Victims: Trafficking more than one child results in 14 years to life imprisonment.
      

4. Repeat Offenders & Public Officials:
    

   • Repeat offenders trafficking children face life imprisonment for the remainder of their life.
      

   • If a public servant or police officer is involved, life imprisonment for the remainder of their life is imposed, along with fines.

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