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IPC Section 370. Trafficking of person


 
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,

  1. 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.

_______________________

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
 

 
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