- 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 with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
- 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 With rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.
1 Criminal Law (Amendment) Act, 2013
IPC Section 70A: Simplified Explanation
IPC Section 370A of the Indian Penal Code deals with the specific offence of “exploitation of a trafficked person.” This section was introduced as part of the comprehensive approach to combat human trafficking, focusing on those who exploit individuals who have been trafficked. It distinguishes between the exploitation of adults and minors who are victims of trafficking.
Key elements of this section include:
- The exploitation of a Trafficked Person: The individual knowingly or having reason to believe that a person has been trafficked, employs, uses, harbours, or receives such person in any manner for exploitation.
- Types of Exploitation: Includes any act of physical exploitation, sexual exploitation, slavery, or practices similar to slavery, servitude, or the forced removal of organs.
Is IPC Section 370A Bailable?
IPC Section 370A is a non-bailable offence. Due to the grave nature of the offence, which involves exploiting vulnerable individuals who have already been victimised by trafficking, the accused must appear before a court to seek bail.
IPC Section 370A Punishment
The Punishment under IPC Section 370A varies based on whether the victim is a minor or an adult:
- For Exploitation of a Minor: Rigorous imprisonment for a term not less than five years, which may extend to seven years, and liable to a fine.
- For Exploitation of an Adult: Rigorous imprisonment for a term not less than three years, which may extend to five years, and liable to a fine.
The structured Punishment underscores the severity of exploiting trafficked victims and the importance of protecting their rights and dignity.
Example of IPC Section 370A
A real-life example of IPC Section 370A involved a case where a woman was arrested for running a brothel that predominantly employed young girls who had been trafficked from neighbouring states under false pretences. The woman knew these girls were victims of trafficking yet exploited them for financial gain through prostitution. Law enforcement raided the establishment and rescued the girls, and the woman was charged under IPC Section 370A. In court, she was found guilty and sentenced to rigorous imprisonment, reflecting the law’s strict stance on exploiting trafficked individuals.
In another instance, a factory owner was found to be using forced labour by employing men who had been trafficked from a remote village with the promise of good wages. Upon arrival, these men were confined, restricted in movement, and forced to work under harsh conditions without pay. The owner was charged under IPC Section 370A for exploiting these trafficked men. The court sentenced him to rigorous imprisonment, emphasising the legal commitment to combating all forms of exploitation related to human trafficking.
