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.

Offence : Trafficking of person! Trafficking of more than one person! Trafficking of minor! Trafficking of more than one minor! Person convicted of offence of trafficking of minor on more than one occasion! Public servant or a police officer involved in trafficking of minor!


Punishment : 7 to 10 years + Fine! 10 years to Life + Fine! 10 years to Life + Fine! 14 years to Life + Fine! Imprisonment for Natural-Life + Fine! Imprisonment for Natural-Life + Fine!


Cognizance : Cognizable! Cognizable! Cognizable! Cognizable! Cognizable! Cognizable!


Bail : Non-bailable! Non-bailable! Non-bailable! Non-bailable! Non-bailable! Non-bailable!


Triable : Court of Session! Court of Session! Court of Session! Court of Session! Court of Session! Court of Session!






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