Section 370 - Trafficking of Person -
[NOTE: This section was inserted by Criminal Law Amendment Act 2013 with effect from 03/02/2013]
Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by—
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.
Ingredients
Let us understand the above provisions with the help of the following diagram:
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.
Ingredients
Exploitation includes:
- Physical exploitation
- Sexual exploitation
- Slavery
- Practices similar to slavery
- Servitude
- 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.
Punishment for trafficking of person - Seven years minimum imprisonment extending up to ten years along with fine.
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
(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.
Punishment for trafficking of more than one person - Ten years minimum imprisonment extending up to imprisonment for life along with fine.
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
(4) 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.
Punishment for trafficking of a minor - Ten years minimum imprisonment extending up to imprisonment for life along with fine.
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
(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.
Punishment for trafficking of more than one minor - Fourteen years minimum imprisonment extending up to imprisonment for life along with fine
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
(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 person’s natural life, and shall also be liable to fine.
Punishment for person convicted of offence of trafficking of minor on more than one occasion - Imprisonment for life i.e. remainder of that person's natural life along with fine
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
(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.
Punishment for public servant or a police officer involved in trafficking of minor - Imprisonment for life i.e. remainder of that person's natural life along with fine
Classification of offence
- Cognizable
- Non-bailable
- Triable by a Court of Session
Section 370A - Exploitation of a trafficked person - (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....
Ingredients
1. The offender must have either have knowledge or reason to believe that a minor has been trafficked.
2. Despite having such knowledge or reason to believe, the offender must engage such minor for sexual exploitation in any manner.
3. If the above ingredients are satisfied, there will be exploitation of trafficked child.
Punishment for exploitation of a trafficked child - Five years minimum rigorous imprisonment extending up to seven years along with fine
Classification of offence
- Cognizable
- Non-Bailable
- Triable by Court of Session
(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...
Ingredients
1. The offender must have either have knowledge or reason to believe that a person has been trafficked.
2. Despite having such knowledge or reason to believe, the offender must engage such person for sexual exploitation in any manner.
3. If the above ingredients are satisfied, there will be exploitation of trafficked person.
Punishment for exploitation of a trafficked person - Minimum imprisonment of 3 years extending up to 5 years along with fine
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
Section 371 - Habitual Dealing in Slaves - Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished...
Ingredients
The offender must habitually
- import
- export
- remove
- buy
- sell
- traffic or
- deal in slaves.
Punishment - Imprisonment for life or maximum ten years imprisonment of either description and fine.
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
- Non-Compoundable
Section 372 - Selling minor for purposes of prostitution etc. - Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished...
Ingredients
1. The offender must:
- sell
- let to hire or
- otherwise dispose of
any person under the age of eighteen years.
2. The offender must do so:
(i) with intent that, such person shall, at any age:
- be employed or
- used
for the purpose of:
- prostitution or
- illicit intercourse with any person or
- for any unlawful or immoral purpose
(ii) knowing it to be likely that, such person will, at any age:
- be employed or
- used
for any such purpose.
3. If the above ingredients are fulfilled, there will be selling minor for purposes of prostitution.
Punishment - Up to ten years imprisonment of either description along with fine.
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
- Non-Compoundable
Explanation I - When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Ingredients of Explanation I
1. The offender must
- sell
- let for hire or
- otherwise dispose of
a female under eighteen years of age
2. The offender must do so in favour of:
- a prostitute or
- any person who keeps or manages a brothel
3. Once the offender has done so, a rebuttable presumption arises against him that he has disposed her of so that she should be prostituted.
Explanation II - For the purposes of this section "illicit intercourse" means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to marriage, is recognized by the personal law or custom of the community to which they belong or, where they belong to different communities, as constituting between them a quasi-marital relation.
Ingredients of Explanation II
"Illicit intercourse" means sexual intercourse between persons
(i) not united by marriage or
(ii) any union or tie
(a) in cases where they both belong to the same community - which is recognized by the personal law or custom of the community
(b) in cases where they both belong to different communities - which constitutes between them a quasi-marital relationship
Section 373 - Buying minor for purposes of prostitution etc. - Whoever buys, hires or otherwise obtains possession of any person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be employed or used for any purpose shall be punished...
Ingredients
1. The offender must:
- buy
- hire or
- otherwise obtain possession of
any person under the age of eighteen years.
2. The offender must do so:
(i) with intent that, such person shall, at any age:
- be employed or
- used
for the purpose of:
- prostitution or
- illicit intercourse with any person or
- for any unlawful or immoral purpose
(ii) knowing it to be likely that, such person will, at any age:
- be employed or
- used
for any such purpose.
3. If the above ingredients are fulfilled, there will be buying minor for the purposes of prostitution.
Punishment - Up to ten years imprisonment of either description along with fine.
Classification of offence
- Cognizable
- Non-bailable
- Triable by Court of Session
- Non-Compoundable
Explanation I - Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.
Ingredients of Explanation I
1. The offender must be:
- any prostitute or
- any person keeping or managing a brothel
2. The offender must:
- buy
- hire or
- otherwise obtain possession of
a female under the age of eighteen years.
3. If the offender does so, a rebuttable presumption will arise that he has obtained possession of such female with the intent of prostituting her.
Explanation II - "Illicit intercourse" has the same meaning as in section 372.
Section 374 - Unlawful compulsory labour - Whoever unlawfully compels any person to labour against the will of that person shall be punished...
Ingredients
1. The offender must unlawfully compel the victim.
2. Such unlawful compulsion must make the victim labour against his will.
3. If the above two ingredients are satisfied, there will be unlawful compulsory labour.
Punishment - One year imprisonment of either description or fine or both.
Classification of offence
- Cognizable
- Bailable
- Triable by any Magistrate
- Non-Compoundable
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