IPC Section 370: Buying or disposing of any person as a slave

1. Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or (e) receives, a person or persons, by—
   1. using threats, or
   2. using force, or any other form of coercion, or
   3. by abduction, or
   4. by practising fraud, or deception, or
   5. by abuse of power, or
   6. 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.
      Explanations
      1. The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.
      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 minor, 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 minor, 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 minor 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.

¹ Criminal Law (Amendment) Act, 2013

IPC Simplified Explanation

IPC Section 370 of the Indian Penal Code addresses the offence of “trafficking of persons.” This section was significantly amended by the Criminal Law (Amendment) Act, 2013, to provide a comprehensive legal framework for the prevention and Punishment of human trafficking. It defines trafficking as any act of recruiting, transporting, transferring, harbouring, or receiving a person, using threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement for exploitation. 

Key elements of this section include: 

• Acts of Trafficking: Involves recruiting, transporting, transferring, harbouring, or receiving a person. 
• Means Used: Utilises threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. 
• Purpose: The intent behind the acts is exploitation, which includes, but is not limited to, sexual exploitation, forced labour, slavery, servitude, or the removal of organs. 

Is IPC Section 370 Bailable? 

IPC Section 370 is a non-bailable offence. Given the serious nature of the offence, which involves severe violations of human rights and personal dignity, the accused must appear before a court to seek bail. 

IPC Section 370 Punishment 

The Punishment under IPC Section 370 for the trafficking of persons varies based on the severity and specific circumstances of the offence: 

• Basic Offence of Trafficking: Imprisonment for a term not less than seven years, which may extend to ten years, and liable to a fine. 
• Aggravated Forms of Trafficking: If the offence involves the trafficking of children, repeated offences, or results in severe physical or mental harm to the victim, the Punishment is rigorous imprisonment for a term not less than ten years, which may extend to imprisonment for life, and also liable to a fine. 

Example of IPC Section 370 

A real-life example of IPC Section 370 involved a case where a criminal network was found to be recruiting young women from rural areas with promises of jobs in cities. Instead, these women were forced into prostitution and other forms of exploitation. Law enforcement agencies conducted a raid based on intelligence and rescued several victims. This network’s leaders and key members were charged under IPC Section 370. They were found guilty in court and received long terms of imprisonment and fines. This case highlighted the concerted efforts needed to combat human trafficking and the stringent legal measures in place to punish those responsible. 

In another instance, a man was arrested for deceiving a group of men by promising them high-paying jobs abroad. Instead, they were sold into forced labour in a foreign country. The victims managed to contact the authorities through their families, leading to an international operation to rescue them. The trafficker was charged under IPC Section 370, reflecting the law’s broad scope in addressing different forms of exploitation and trafficking, both within and beyond India’s borders.