Bharatiya Nyaya Sanhita: Section 145 – Habitual dealing in slaves

Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine

Simplified Explanation

Section 145 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the habitual dealing in slaves. It targets individuals who engage in the trade or movement of slaves, either within the country or across borders. The section defines a habitual offender as someone who regularly engages in the activities of importing, exporting, buying, selling, trafficking, or otherwise dealing in slaves.

Key Provisions of Section 145

1. Offense Definition:
   • The section criminalizes the habitual acts of dealing with slaves, which include:
     • Importing slaves (bringing them into the country).
     • Exporting slaves (sending them out of the country).
     • Removing slaves (moving them from one place to another).
     • Buying slaves (purchasing slaves).
     • Selling slaves (selling slaves to others).
     • Trafficking in slaves (engaging in the transport or trade of slaves for any purpose).
     • Dealing in slaves (any other related activities such as managing, handling, or facilitating slavery).
2. Punishment for the Offense:
   • The offender may be punished with imprisonment for life, which means imprisonment for the remainder of the person’s natural life.
   • Alternatively, the offender may face imprisonment for a term not exceeding ten years, depending on the severity of the offense.
   • In addition to imprisonment, the offender will also be liable to a fine.

Key Concepts in This Section

• Habitual Dealing: The term “habitual” implies that the person is not just involved in a one-time or isolated instance of slave trading, but that they are regularly or repeatedly engaging in the practice.
• Slavery: Although this term is not explicitly defined in this section, slavery refers to the condition where individuals are forced to work or live under the control of others without the ability to leave or exercise basic freedoms, often under threat, coercion, or violence. It includes trafficking, forced labor, and exploitation.
• Scope of Activities: The section does not limit itself to the actions of slavery within India but also extends to international trade, including the importation and exportation of slaves.

Purpose of the Law

• Combat Slavery: The section aims to eliminate the illegal and immoral practice of slavery in all its forms by making habitual slavery trade a serious criminal offense.
• Deterrence: By imposing severe punishments, including life imprisonment, the law seeks to deter individuals from engaging in the trafficking and exploitation of people.
• Accountability for Slavers: The law targets not only individuals directly involved in slavery but also those who make money from the exploitation of others by buying and selling people.

Summary

Section 145 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the habitual trafficking and dealing in slaves, including buying, selling, importing, and exporting slaves. Individuals found guilty of this offense can face life imprisonment or imprisonment of up to ten years, along with a fine. The law is designed to combat human trafficking and the exploitation of individuals through slavery, ensuring that those involved in such practices are severely penalized.