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BNS Section 138 and 139- Human trafficking

By shagun, 16 April, 2025
trafficking

Definition:

Section 138 criminalises trafficking of any person by using force, deception, coercion, abduction, abuse of power, or inducement to exploit them.

Key Components of Trafficking:

The act is considered trafficking if a person is recruited, transported, harboured, transferred, or received through one or more of the following means:

  • Threat or use of force
  • Abduction
  • Fraud or deception
  • Abuse of power or position
  • Giving or receiving payments to gain control over a person

Purpose of Trafficking:

The intention behind the act must be exploitation, which includes:

  • Sexual exploitation
  • Forced labour or services
  • Slavery or practices similar to slavery
  • Organ removal
  • Begging

Punishments under Section 138:

  • Trafficking of 1 person: Imprisonment up to 10 years and a fine.
  • Trafficking of more than 1 person: Imprisonment up to 14 years, and fine
  • Trafficking of a child: Imprisonment minimum 10 years, may extend to life, and fine
  • Repeat offense involving child trafficking: Life imprisonment
  • If public servant or police officer involved: Life imprisonment and fine

Section 139 – Exploitation of a Trafficked Person

This section applies after the trafficking has taken place and targets anyone who knowingly engages in exploitation of a trafficked person

Key Point:

Even if someone was not directly involved in trafficking but uses or exploits a trafficked person (knowingly), they can be held liable under this section.

Punishment:

  • Imprisonment: Up to 5 years
  • Fine: Also, applicable

Purpose of Sections 138 and 139:

  • Provide a strong legal framework against human trafficking.
  • Ensure protection and justice for victims of trafficking, especially women and children.
  • Punish not just traffickers, but also those who exploit trafficked individuals.

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