Whoever imports into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
Simplified Explanation
Bharatiya Nyaya Sanhita: Section 141 – Importation of Girl or Boy from Foreign Country
Section 141 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of importing minors (girls under the age of 21 years and boys under the age of 18 years) into India with the intent to exploit them for illicit sexual intercourse or knowing that they are likely to be subjected to such exploitation.
Key Provisions of Section 141
- Offense Description:
- The section addresses the importation of a girl or a boy from a foreign country into India.
- The key element of the offense is the intent behind the importation, which is to force or seduce the minor to engage in illicit intercourse with another person.
- Additionally, it is considered an offense even if the perpetrator knows it is likely that the minor will be forced or seduced for illicit sexual acts, even if no actual act has yet occurred.
- Victim Criteria:
- Girls under 21 years and boys under 18 years are specifically protected under this provision. The law ensures that any girl below 21 and any boy below 18, who are brought into India for exploitation, are covered by the provision.
- Punishment:
- The punishment for importing a girl or boy with the intent or knowledge of likely exploitation is severe:
- Imprisonment for up to 10 years.
- A fine is also imposed in addition to the term of imprisonment.
- The punishment for importing a girl or boy with the intent or knowledge of likely exploitation is severe:
- Objective:
- The main objective of this section is to combat human trafficking, specifically for sexual exploitation and forced prostitution.
- It is designed to protect minors from being brought into the country for the purposes of sexual exploitation or other illegal activities.
Explanation of the Term “Illicit Intercourse”
- The term “illicit intercourse” refers to any form of non-consensual or illegal sexual activity that may be forced upon the girl or boy, or that might occur through coercion or deception.
Purpose of the Section
- Prevent Human Trafficking: Section 141 aims to prevent trafficking of minors into India for the purpose of sexual exploitation. The law specifically targets individuals or groups involved in the international trafficking of minors for illicit sexual purposes.
- Protection of Children and Young Adults: By focusing on individuals under the age of 21 (for girls) and 18 (for boys), the law aims to provide stronger protection for vulnerable children and young adults, who are at risk of being trafficked for exploitation.
- Deterrence: The severe punishment, including long-term imprisonment (up to 10 years), serves as a deterrent to prevent individuals and organized networks from trafficking minors into India for exploitative purposes.
Summary
Section 141 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the act of importing minors (girls under 21 years and boys under 18 years) into India with the intent to force or seduce them into illicit sexual intercourse, or knowing that it is likely to occur. The punishment for this offense includes imprisonment for up to 10 years and a fine. This provision aims to prevent human trafficking and protect vulnerable minors from sexual exploitation by criminalizing the actions of traffickers and individuals involved in such illegal activities.
