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INDIAN KANOON SECTION 370 IPC - Indian Penal Code - Trafficking of persons[1]


Description

Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or (e) receives, a person or persons, by?

  1. using threats, or
  2. using force, or any other form of coercion, or
  3. by abduction, or
  4. by practising fraud, or deception, or
  5. by abuse of power, or
  6. 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.
  7. 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.
  8. 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.
  9. Where the offence involves the trafficking of a minor, 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.
  10. Where the offence involves the trafficking of more than one minor, 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.
  11. If a person is convicted of the offence of trafficking of minor 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.
  12. 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.


Applicable Offences

1. Trafficking of person

Punishment - 7 to 10 years + Fine
This is a Non-bailable, Cognizable offence and triable by Court of Session

2. Trafficking of more than one person

Punishment - 10 years to Life + Fine
This is a Non-bailable, Cognizable offence and triable by Court of Session

3. Trafficking of minor

Punishment - 10 years to Life + Fine
This is a Non-bailable, Cognizable offence and triable by Court of Session

4. Trafficking of more than one minor

Punishment - 14 years to Life + Fine
This is a Non-bailable, Cognizable offence and triable by Court of Session

5. Person convicted of offence of trafficking of minor on more than one occasion

Punishment - Imprisonment for Natural-Life + Fine
This is a Non-bailable, Cognizable offence and triable by Court of Session

6. Public servant or a police officer involved in trafficking of minor

Punishment - Imprisonment for Natural-Life + Fine
This is a Non-bailable, Cognizable offence and triable by Court of Session

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.


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