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SECTION 370A IPC - Indian Penal Code - Exploitation of a trafficked person[1]


Last Updated: 01 Nov, 2024
By Advocate Chikirsha Mohanty


As per new Indian Criminal law, IPC Section 370A has been replaced with BNS Section 144 with effect from July 1, 2024.
(The upper limit of imprisonment is increased from seven years to ten years, and for sub- section (2), from five years to seven years. “minor” is replaced by “child”.)

Please refer to BNS 144 for updated procedures & punishments.

Table of Contents
  1. IPC 370A in Simple Words
  2. IPC Section 370A related FAQs
  1. Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor 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 seven 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 five years, and shall also be liable to fine.


IPC 370A in Simple Words

According to section 370A of the Indian Penal Code, engaging in sexual exploitation of a trafficked minor is punishable with rigorous imprisonment for 5-7 years, and engaging in sexual exploitation of a trafficked person (adult) is punishable with rigorous imprisonment for 3-5 years.


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Offence : Exploitation of a trafficked child


Punishment : 5 to 7 years + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session



Offence : Exploitation of a trafficked person


Punishment : 3 to 5 years + Fine


Cognizance : Cognizable


Bail : Non-bailable


Triable : Court of Session



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Frequently Asked Questions


What is the difference between 370 and 370A?

Section 370 is concerned with trafficking in general, whereas section 370A is specifically concerned with exploitation of a person trafficked. 8 Jan 2021


What is Article 370 of the IPC?

What is Article 370 IPC?


Is Section 370 IPC bailable or not?

Human trafficking, or the trafficking of persons under section 370, is an offence that does not allow bail.