Bharatiya Nyaya Sanhita: Section 143 – Trafficking of person

(1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by—

(a) using threats; or

(b) using force, or any other form of coercion; or

(c) by abduction; or

(d) by practising fraud, or deception; or

(e) by abuse of power; or

(f) 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.

Simplified Explanation

Bharatiya Nyaya Sanhita: Section 143 – Trafficking of Person

Section 143 of the Bharatiya Nyaya Sanhita, 2023 defines and addresses the crime of trafficking a person for exploitation. The provision covers a wide range of activities used to recruit, transport, harbour, transfer, or receive a person by various unlawful means, all aimed at exploitation.

Key Provisions of Section 143

1. Definition of Trafficking:
   • Trafficking is the act of recruiting, transporting, harbouring, transferring, or receiving a person with the intention of exploitation. This may be achieved through a variety of unlawful methods, including:
     • Threats
     • Force or any other form of coercion
     • Abduction
     • Fraud or deception
     • Abuse of power
     • Inducement, such as paying or receiving payments or benefits to achieve the consent of someone controlling the victim.
2. Exploitation:
   • Exploitation includes physical or sexual exploitation, slavery or similar practices, servitude, beggary, or forced removal of organs. This broad definition captures various forms of human trafficking that harm the victims.
3. Immateriality of Consent:
   • The consent of the victim is irrelevant in determining whether trafficking has occurred. Even if the victim consents to being trafficked, the person responsible for trafficking can still be charged under this section, as the offense is based on the unlawful methods of obtaining the person, not the victim’s agreement.
4. Punishment for Trafficking:
   • Basic Trafficking:
     • The offender will face rigorous imprisonment for a term not less than seven years, but it may extend up to ten years, and will also face a fine.
   • Trafficking of Multiple Persons:
     • If the crime involves trafficking more than one person, the punishment increases to rigorous imprisonment for a term not less than ten years, which may extend to imprisonment for life, along with a fine.
   • Trafficking of a Child:
     • If the offense involves trafficking a child, the punishment increases to rigorous imprisonment for a term not less than ten years, with the possibility of extending to imprisonment for life, and a fine.
   • Trafficking of Multiple Children:
     • If more than one child is trafficked, the punishment escalates further to rigorous imprisonment for a term not less than fourteen years, which may extend to imprisonment for life, along with a fine.
   • Repeat Offenses Involving Child Trafficking:
     • If a person is convicted of trafficking a child more than once, the punishment becomes imprisonment for life, meaning imprisonment for the remainder of the convict’s natural life, along with a fine.
   • Public Servants or Police Officers Involved in Trafficking:
     • If a public servant or police officer is involved in the trafficking of any person, the punishment is imprisonment for life, which means imprisonment for the remainder of that person’s natural life, and also a fine. This provision ensures that those entrusted with the protection of people’s rights are held to the highest standards.

Explanation of Key Terms

• Exploitation includes:
  • Sexual exploitation (e.g., forced prostitution, sexual slavery).
  • Slavery or practices similar to slavery, where the trafficked person is treated as property.
  • Servitude, where the trafficked person is forced to work under degrading conditions.
  • Beggary, where a person is forced or coerced into begging.
  • Forced removal of organs, a horrific form of trafficking where organs are harvested from victims.
• Consent is immaterial: Even if a person agrees to be trafficked, the law does not recognize such consent if the methods used for trafficking (like coercion, fraud, etc.) are unlawful.

Penalties for Trafficking

1. Punishment for Individual Trafficking:
   • A minimum of seven years rigorous imprisonment and a fine.
   • This increases to ten years to life imprisonment with a fine when more than one person is trafficked.
2. Punishment for Trafficking a Child:
   • If a child is trafficked, the minimum sentence is ten years, extending to life imprisonment and a fine.
3. Punishment for Multiple Child Trafficking:
   • If more than one child is trafficked, the minimum sentence is fourteen years of rigorous imprisonment and a fine, extending to life imprisonment.
4. Repeat Offenders:
   • Those convicted of child trafficking more than once face life imprisonment for the rest of their natural life, along with a fine.
5. Public Servants or Police Officers:
   • Any involvement of public servants or police officers in trafficking results in life imprisonment for the rest of their natural life and a fine.

Purpose of the Law

• Protection of Vulnerable Persons: The law is designed to protect individuals, especially children, from being trafficked for exploitative purposes, including sexual exploitation, forced labor, and organ trafficking.
• Deterrence: The severe penalties, including life imprisonment, are intended to act as a strong deterrent against trafficking.
• Accountability: The inclusion of public servants or police officers in this section ensures that no one is above the law, and those entrusted with enforcing the law are held accountable if they participate in or enable trafficking.

Summary

Section 143 of the Bharatiya Nyaya Sanhita, 2023 deals with human trafficking, which includes the recruitment, transport, harboring, transfer, or reception of persons for exploitation through force, coercion, abduction, fraud, deception, abuse of power, or inducement. The law establishes severe penalties for those convicted of trafficking, with even harsher sentences for the trafficking of children or multiple victims. Public servants and police officers involved in trafficking face life imprisonment, ensuring that those in positions of power are held to the highest standards of accountability. The law aims to prevent exploitation and punish traffickers severely, thereby offering stronger protection to vulnerable individuals.