Section 143 BNS: Trafficking of person

CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY · Of criminal force and assault

Section 143: Trafficking of person

(1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by—

(a) using threats; or

(b) using force, or any other form of coercion; or

(d) by practising fraud, or deception; or

(e) by abuse of power; or

(f) 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, beggary or 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 also 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 also be liable to fine.

(4) Where the offence involves the trafficking of a child, 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.

(5) Where the offence involves the trafficking of more than one child, 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 a child 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.

(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 person’s natural life, and shall also be liable to fine.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

143	370. Trafficking of person.

Questions on this section

3 questions in 12 of our papers cite Section 143. Try these from the free papers:

1. Consider the following statements regarding Section 143 BNS (trafficking of person): 1. The consent of the victim is immaterial in determining the offence of trafficking. 2. The expression 'exploitation' includes forced removal of organs. 3. Where the offence involves the trafficking of more than one child, it is punishable with rigorous imprisonment of not less than fourteen years which may extend to imprisonment for life, and fine. Which of the statements given above is/are correct?
2. A, a police constable, together with two others, recruits a woman aged 25 by using threats and harbours her for the purpose of her sexual exploitation. On conviction for trafficking, what punishment does the BNS prescribe for A?