What is Section 370 IPC? Trafficking of person
Published on: Lawiz Team
Learn about Section 370 IPC: Trafficking of person
Official Legal Text
1. Whoever, for the purpose of exploitation, recruits, transports, harbors, transfers or receives a person or persons, by—
(a) using threats, or
(b) using force, or any other form of coercion, or
(c) by abduction, or
(d) by practicing fraud, or deception, or
(e) by abuse of power, or
(f) by inducement, including the giving or receiving of payments or benefits,to achieve the consent of any person having control over the person recruited, transported, harbored, transferred or received, commits the offence of trafficking.
2. The consent of the victim is immaterial in determination of the offence of trafficking.
3. 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.
4. 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 life, and shall also be liable to fine.
5. 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 life, and shall also be liable to fine.
6. 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 life, and shall also be liable to fine.
7. If a person is convicted of the offence of trafficking on more than one occasion, he 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.
8. For the purposes of this section, "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.
What This IPC Section Means – Explained in Simple Words
Section 370 punishes anyone who engages in trafficking of persons for exploitation, including forced labor, sexual exploitation, slavery, or organ removal.
Purpose
To prevent human trafficking and ensure strict punishment for traffickers.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment not less than 7 years, which may extend to life imprisonment, and fine; Enhanced punishment for trafficking of minors.
Key Elements
1. Recruitment, transportation, transfer, or receipt of persons. 2. Means include force, fraud, coercion, or abduction. 3. Purpose must be exploitation (labor, sexual, slavery, etc.).
Punishment Details
Imprisonment of not less than seven years, which may extend to life, and a fine.
Illustrative Example
If a person is forced into prostitution or bonded labor through threats, it is an offence under Section 370.
Legal Defenses
If the accused can prove that the person was employed legally without any exploitation, they may be acquitted.
Related Sections
Related to Section 370A (Exploitation of trafficked person) and Section 366 (Procuration of minor girl).
FAQs
What is trafficking under Section 370 IPC?
Recruiting, transporting, harbouring or receiving persons by means of threat, coercion, fraud, abduction, abuse of power for exploitation.
Punishment for trafficking?
Rigorous imprisonment not less than 7 years and fine.
Cognizable?
Yes, non-bailable.
Example situation?
Recruiting women by deceit for sexual exploitation.
How to file FIR?
Report immediately with evidence.
Court handling such cases?
Sessions Court.
Possible defence?
Proving absence of coercion or fraud.