Category of Bare Act | Name of the Act | Year of Promulgation |
---|---|---|
Criminal Laws | Indian Penal Code | 1860 |
Act Number | Enactment Date | Chapter Number |
45 | 06.10.1860 | 16 |
Chapter Title | Sub-Chapter | Legislated by |
Of Offence Affecting The Human Body | - | Parliament of India |
1(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports,
- harbours, (d) transfers, or (e) receives, a person or persons, by—
First.—using threats, or
Secondly.—using force, or any other form of coercion, or
Thirdly.—by abduction, or
Fourthly.—by practising fraud, or deception, or
Fifthly.—by abuse of power, or
Sixthly.— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control overthe person recruited, transported, harboured, transferred or received,
commits 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.
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1. Subs. by Act 13 of 2013, s. 8, for section 370 (w.e.f. 3-2-2013).
Offence Description | Punishment provided | Cognizable/Non-Cognizable |
---|---|---|
Trafficking of person Trafficking of more than one person. Trafficking of a minor Trafficking of more than one minor Person convicted of offence of trafficking of minor on more than one occasion. Public servant or a police officer involved in trafficking of minor |
Imprisonment of not less than 7 years but which may extend to 10 years and with fine Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Imprisonment of not less than 10 years but which may extend to imprisonment for life and with fine. Imprisonment of not less than 14 years but which may extend to imprisonment for life and with fine. Imprisonment for life which shall mean the remainder of that person's natural life and with fine. Imprisonment for life which shall mean the remainder of that person's natural life and with fine |
Cognizable
Ditto
Ditto
Ditto
Ditto
Ditto |
Bailable/Non-Bailable | Trial Court Details | Compoundable/Non-Compoundable |
Non-Bailable Ditto Ditto Ditto Ditto Ditto |
Court of Session Ditto Ditto Ditto Ditto Ditto |
Non-Compoundable |
Compoundable by Whom | Concerned Ministry | Concerned Department |
Non-Compoundable | Ministry of Home Affairs | Department of Internal Security |