Indian Penal Code 1860
Section 370 :
1.[Trafficking of person :
(See section 143 of BNS 2023)
Classification of Offence:
Offence: Trafficking of person.
Punishment :Imprisonment of not less than 7 years but which may extend to 10 years with fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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Offence: Trafficking of more than one person.
Punishment :Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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Offence: Trafficking of a minor.
Punishment :Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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Offence: Trafficking of more than one minor.
Punishment :Imprisonment of not less than 14 years but which may extend to imprisonment for life and with fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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Offence: Person convicted of offence of trafficking of minor on more than one occasion.
Punishment :Imprisonment for life which shall mean the remainder of that persons natural life and with fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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Offence: Public servant or a police officer involved in trafficking of minor.
Punishment :Imprisonment for life which shall mean the remainder of that persons natural life and with fine.
Cognizable or Non-cognizable : Cognizable
Bailable or Non-bailable :Non-bailable
Compoundable or Non-compoundable : Non-compoundable
By Which Court Triable :Court of Session.
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1)Whoever, for the purpose of exploitation, a)recruits, b)transports, c)harbours, d)transfers, or e) receives, a person or persons, by Buying or disposing of any person as a slave- Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
First- using threats, or
Secondly-using force, or any other form of coercion, or
Thirdly-by abduction, or
Fourthly-by practising fraud, or deception, or
Fifthly-by abuse of power, or
Sixthly-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.
Explanation 1 :
The expression exploitation shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.
Explanation 2 :
The consent of the victim is immaterial in determination of the offence of trafficking.
2)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 be liable to fine.
3)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 be liable to fine.
4)where the offence involves the trafficking or a minor, it shall be punishable with rigorous imprisonment for life, and shall also be liable to fine.
5)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.
6)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 persons natural life, and shall also be liable to fine.
7)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 persons natural life, and shall also be liable to fine]
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1.New sections 370 and 370A substituted for section 370 by the Criminal Law (Amendment) Act, 2013(No.13 of 2013).