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BNS Section 144

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.


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Key Points in BNS-144

1. Trafficking of Children for Sexual Exploitation:
 

  • Section (1) focuses specifically on children under the age of 18 years.
     

  • Key Elements:
     

    • Knowingly or having reason to believe that the child has been trafficked.
       

    • Engaging the child in sexual exploitation in any form.
       

  • Punishment:
     

    • Rigorous imprisonment for a term that is not less than five years, but which may extend to ten years.
       

    • The offender is also liable to a fine.
       

2. Trafficking of Adults for Sexual Exploitation:
 

  • Section (2) applies to adults who are trafficked.
     

  • Key Elements:
     

    • Knowingly or having reason to believe that the person has been trafficked.
       

    • Engaging such a person in sexual exploitation in any form.
       

  • Punishment:
     

    • Rigorous imprisonment for a term that is not less than three years, but which may extend to seven years.
       

    • The offender is also liable to a fine.
       

3. Definitions and Important Points:
 

  • Trafficking: Involves the act of transporting, recruiting, or transferring individuals by means such as coercion, abduction, fraud, or force for the purpose of exploitation.
     

  • Sexual Exploitation: Refers to using a person or child for sexual activities in exchange for money, goods, or services.
     

  • Knowingly: The offender must have either full knowledge or sufficient reason to believe that the individual is trafficked.
     

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

  • Section (1) pertains specifically to children under the age of 18.
     

  • Section (2) applies to adults, but the punishment is slightly less severe.
     

5. Punitive Measures:
 

  • The law aims to deter both the exploitation of trafficked children and adults by imposing strict imprisonment terms and fines.
     

  • The punishment reflects the seriousness of the crime, with higher penalties for trafficking involving children.
     

Summary:

BNS-144 addresses the engagement of trafficked individuals for sexual exploitation, with a focus on children under 18 and trafficked adults. Offenders are subject to rigorous imprisonment—ranging from five to ten years for children and three to seven years for adults—as well as fines. The law is designed to penalize those who knowingly exploit vulnerable individuals for sexual purposes.


Offence : Exploitation of a trafficked child.


Punishment : Rigorous imprisonment for not less than 5 years but which may extend to 10 years and fine.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Court of Session.


Offence : Exploitation of a trafficked person.


Punishment : Rigorous imprisonment for not less than 3 years but which may extend to 7 years and fine.


Cognizable or Non-cognizable : Cognizable.


Bailable or Non-bailable : Non-bailable.


By what Court triable : Court of Session.


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