Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Simplified Explanation
Section 146 of the Bharatiya Nyaya Sanhita, 2023 addresses the issue of unlawful compulsory labor, making it an offense to force someone to work against their will. This provision is aimed at preventing forced labor or any situation where a person is coerced into working under duress, without their consent.
Key Provisions of Section 146
- Offense Definition:
- The section criminalizes the act of compelling a person to labor against their will. This means that an individual who forces another person to work without their consent, through threat, force, or other means of coercion, has committed an offense.
- The use of the word “unlawfully” indicates that the labor must be forced outside the bounds of legal agreements or work contracts, i.e., it refers to any form of coercion that is not authorized by law.
- Punishment for the Offense:
- The punishment for unlawful compulsory labor is imprisonment for a term that may extend to one year.
- Alternatively, the offender may be fined, or may face both imprisonment and a fine, depending on the circumstances.
Key Concepts in This Section
- Unlawful Compulsion: The term unlawful in this section refers to any form of coercion, threat, or force used to make someone work against their will, which does not fall under any legal requirement or agreement.
- Labor Against Will: This involves situations where the person is forced into work under duress or threat of harm, without their voluntary consent. This could include forced manual labor, servitude, or any form of exploitation where the person does not have the freedom to refuse or stop working.
Purpose of the Law
- Prevent Exploitation: Section 146 seeks to protect individuals from being exploited through forced labor. The law ensures that no one can be compelled to work without their consent.
- Protect Human Rights: This section serves to protect the dignity and freedom of individuals by ensuring that no one is forced into working against their will or subjected to degrading working conditions.
- Discourage Coercion: By making unlawful compulsory labor a criminal offense, the section serves as a deterrent against employers or individuals who might attempt to exploit others for their labor through force, threats, or manipulation.
Summary
Section 146 of the Bharatiya Nyaya Sanhita, 2023 criminalizes the unlawful compulsion of any person to labor against their will. This includes forcing someone to work without their consent, through coercion, threats, or force. Offenders can face imprisonment for up to one year, fines, or both. The section aims to protect individuals from exploitation, ensuring their right to freedom of labor and preventing forced labor practices in any form.
