Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 143: Trafficking of Person
(1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by—
- using threats; or
- using force, or any other form of coercion; or
- by abduction; or
- by practising fraud, or deception; or
- by abuse of power; or
- 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.
Brief Detail
BNS Section 143 defines trafficking as recruiting, transporting, harbours, transferring, or receiving a person for exploitation using various coercive means. The section outlines severe punishments for trafficking, with higher penalties for trafficking multiple persons or children. It also includes stringent penalties for public servants and police officers involved in trafficking.
Question & Answers
Q1: What constitutes trafficking under BNS Section 143?
A1: Trafficking under BNS Section 143 involves recruiting, transporting, harbours, transferring, or receiving a person for exploitation using threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement.
Q2: What are the penalties for trafficking under BNS Section 143?
A2: The penalties for trafficking range from rigorous imprisonment of seven to ten years, extending to life imprisonment for multiple persons or children, with fines applicable in all cases. Conviction of trafficking a child on multiple occasions results in life imprisonment.
Example
Example Scenario:
If an individual recruits a person through deceitful means and transports them with the intent to exploit them, such as for forced labor or sexual exploitation, this constitutes trafficking under BNS Section 143. Similarly, if a person traffics multiple children or uses coercive means, they face severe penalties including life imprisonment.
Summary
BNS Section 143 criminalizes trafficking for exploitation through various coercive methods. The section prescribes rigorous imprisonment with extended terms for multiple or child victims and imposes severe penalties for public servants and police officers involved in trafficking.
