INDIAN KANOON SECTION 370A IPC - Indian Penal Code - Exploitation of a trafficked person[1]
Description
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.
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.
Applicable Offences
1.
Exploitation of a trafficked child Punishment -
5 to 7 years + Fine This is a
Non-bailable,
Cognizable offence and triable by
Court of Session
2.
Exploitation of a trafficked person Punishment -
3 to 5 years + Fine This is a
Non-bailable,
Cognizable offence and triable by
Court of Session
This offence is 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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