What Is BNS Section 144?

Bharatiya Nyaya Sanhita, 2023 - Section 144: Exploitation of a Trafficked Person

(1) Whoever, knowingly or having reason to believe that a child has been trafficked, engages such child 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 ten years, and shall also be liable to fine.

(2) Whoever, knowingly 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 seven years, and shall also be liable to fine.

Brief Detail

BNS Section 144 deals with the exploitation of trafficked persons, specifically focusing on sexual exploitation. The section outlines different punishments for exploiting trafficked children and adults, with distinct terms of imprisonment and fines.

Question & Answers

Q1: What are the penalties for engaging a trafficked child for sexual exploitation under BNS Section 144?

A1: Under BNS Section 144, if a person knowingly or with reason to believe that a child has been trafficked engages the child for sexual exploitation, they shall be punished with rigorous imprisonment for a term not less than five years but up to ten years, and shall also be liable to fine.

Q2: What are the penalties for engaging a trafficked adult for sexual exploitation under BNS Section 144?

A2: If a person knowingly or with reason to believe that an adult has been trafficked engages the adult for sexual exploitation, they shall be punished with rigorous imprisonment for a term not less than three years but up to seven years, and shall also be liable to fine.

Example

Example Scenario:

If an individual knowingly employs a trafficked child in a situation of sexual exploitation, such as forcing them into sexual services, they would face imprisonment for a minimum of five years and up to ten years. Similarly, if an adult is exploited for sexual purposes under similar circumstances, the imprisonment term ranges from three to seven years.

Summary

BNS Section 144 provides specific punishments for engaging trafficked persons, with separate terms for children and adults. The section focuses on sexual exploitation and mandates imprisonment with fines for those found guilty.