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


Last Updated: 01 Apr, 2024
By Advocate Chikirsha Mohanty


Table of Contents

  1. IPC 370 in Simple Words
  2. Evolution of Section 370
  3. Conclusion
  4. IPC Section 370 related FAQs

IPC Section 370 outlines the offence of trafficking, which involves various actions carried out for the purpose of exploitation. For expert legal assistance in such cases, turn to LawRato's network of skilled lawyers.

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.


IPC Section 370 outlines the offence of trafficking, which involves various actions carried out for the purpose of exploitation. These actions include recruiting, transporting, harbouring, transferring, or receiving individuals by employing methods such as threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement through payments or benefits. This offence is punishable by imprisonment for at least seven years, extendable up to ten years, along with a fine.



IPC 370 in Simple Words

In the Indian Penal Code, anyone who recruits, transports, harbors, transfers, or receives a person through threats, force, coercion, abduction, fraud, inducement, or abuse of power for exploitation commits the offense of trafficking and can be punished with imprisonment ranging from 7 years to life, along with a fine. Public servants or police officers involved in trafficking can face life imprisonment, and the punishment is more severe if minors are involved.

In cases involving trafficking of multiple individuals, the penalty escalates to rigorous imprisonment for a minimum of ten years, potentially extending to life imprisonment, in addition to a fine. Similarly, trafficking of minors incurs severe penalties, with a minimum sentence of ten years, extendable to life imprisonment, along with a fine. Moreover, if trafficking involves multiple minors, the minimum sentence increases to fourteen years, extendable to life imprisonment, in addition to a fine.

Furthermore, repeated convictions for trafficking minors result in life imprisonment, meaning imprisonment for the remainder of the perpetrator's natural life and a fine. Additionally, the involvement of public servants or police officers in trafficking warrants life imprisonment, meaning imprisonment for the remainder of their natural life and a fine.



Evolution of Section 370

Following the tragic Delhi gang rape incident in 2012, the Justice Verma Committee was established, prompting significant legislative changes through the Criminal Amendment Act of 2013, notably affecting Section 370 of the Indian Penal Code (IPC) and introducing Section 370A. This amendment substantially broadened the scope of Section 370, incorporating various forms of trafficking, including but not limited to slavery, trafficking of minors and adults, forced labour, prostitution, organ trafficking, and, to some extent, child marriages.

Previously, Section 370 focused merely on transactions involving individuals as slaves, with penalties including imprisonment for up to seven years and fines. However, enacting the Criminal Law Amendment Act of 2013 significantly changed Section 370. Section 370 now encompasses all acts aimed at exploitation, such as recruiting, transporting, harbouring, transferring, or receiving individuals, utilizing means such as force, coercion, abduction, threats, fraud, deception, or abuse of power.

Additionally, the amendment emphasizes that the victim's consent is immaterial in determining the offence of trafficking. Section 370 outlines various penalties for violations, including those pertaining to aggravated forms of trafficking, thereby ensuring comprehensive coverage of all aspects of the offence.


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Offence : Trafficking of person


Punishment : 7 to 10 years + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session



Offence : Trafficking of more than one person


Punishment : 10 years to Life + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session



Offence : Trafficking of minor


Punishment : 10 years to Life + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session



Offence : Trafficking of more than one minor


Punishment : 14 years to Life + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session



Offence : Person convicted of offence of trafficking of minor on more than one occasion


Punishment : Imprisonment for Natural-Life + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session



Offence : Public servant or a police officer involved in trafficking of minor


Punishment : Imprisonment for Natural-Life + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session



Section 370 IPC addresses trafficking of persons. Learn about what constitutes trafficking, punishments and legal implications. Find expert legal assistance on LawRato for cases involving trafficking under ipc section 370.


Conclusion

For those facing legal issues under IPC Section 370, seeking expert guidance is crucial. LawRato provides access to skilled Criminal Lawyers adept at handling trafficking cases. With their assistance, you can navigate the complexities of the law and ensure their rights are protected effectively throughout legal proceedings.

Anyone who imports, exports a person as a servant, or removes them, or buys, sells, or disposes of a person as one, or accepts a person against their will as a serf, is subject to imprisonment for either a period of up to seven years and a fine.





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