Bharatiya Nyaya Sanhita: 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.

Simplified Explanation

Bharatiya Nyaya Sanhita: Section 144 – Exploitation of a Trafficked Person

Section 144 of the Bharatiya Nyaya Sanhita, 2023 deals with the exploitation of trafficked persons, particularly focusing on sexual exploitation. This section imposes strict penalties on individuals who knowingly engage trafficked persons or children in sexual exploitation.

Key Provisions of Section 144

1. Engaging a Trafficked Child for Sexual Exploitation:
   • If an individual knowingly or with reasonable belief that a child has been trafficked, engages that child for sexual exploitation in any form, they will be punished with:
     • Rigorous imprisonment for a term not less than five years, but it can extend up to ten years.
     • They will also face a fine.
   • This provision specifically targets individuals who exploit trafficked children for sexual purposes, imposing a higher minimum sentence compared to adults.
2. Engaging a Trafficked Person (Adult) for Sexual Exploitation:
   • If an individual knowingly or with reasonable belief that a person (other than a child) has been trafficked, engages that person for sexual exploitation in any form, they will be punished with:
     • Rigorous imprisonment for a term not less than three years, which may extend to seven years.
     • They will also face a fine.
   • This provision applies to adults who are trafficked and subsequently sexually exploited.

Explanation of Key Terms

• Knowingly or Having Reason to Believe: The law does not require direct proof that the person knew the individual was trafficked. If they had any reason to believe the person was trafficked (for example, through signs or circumstances), they are still held accountable for the offense.
• Sexual Exploitation: This includes any form of sexual activity or use for sexual purposes, including prostitution, forced sexual acts, or other forms of abuse meant to exploit the trafficked person.

Penalties for the Offense

1. For Trafficked Children:
   • Minimum 5 years rigorous imprisonment, extendable up to 10 years.
   • Fine.
2. For Trafficked Adults:
   • Minimum 3 years rigorous imprisonment, extendable up to 7 years.
   • Fine.

Purpose of the Law

• Protection of Trafficked Individuals: The law aims to safeguard trafficked individuals, especially children, from sexual exploitation and holds offenders accountable for engaging trafficked persons in such acts.
• Deterrence: The penalties are intended to act as a strong deterrent against the sexual exploitation of trafficked persons.
• Strict Accountability: Individuals who exploit trafficked persons, particularly children, are subjected to severe punishments, ensuring that such offenses are met with harsh consequences.

Summary

Section 144 of the Bharatiya Nyaya Sanhita, 2023 specifically addresses the exploitation of trafficked persons, with a focus on sexual exploitation. The section outlines distinct penalties for those who engage trafficked children and adults in sexual exploitation, with higher penalties for trafficking of children. Offenders are subject to rigorous imprisonment and fines. The law aims to provide strong protection for trafficked victims, ensuring that those who engage in or facilitate their exploitation face stringent legal consequences.