What is Section 370A IPC? Exploitation of a trafficked person
Published on: Lawiz Team
Learn about Section 370A IPC: Exploitation of a trafficked person
Official Legal Text
1. Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner,shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine.
2. Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for labour or any other purpose except sexual exploitation,
shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 370A punishes anyone who knowingly uses or exploits a trafficked person for sexual or other forms of exploitation.
Purpose
To prevent individuals from exploiting trafficked persons for any form of gain.
Bailable or Not Bailable & Punishment
Bailable: Non-Bailable, Punishment: Imprisonment not less than 5 years, which may extend to 7 years, and fine for exploitation of an adult; Imprisonment not less than 7 years, which may extend to life, and fine for exploitation of a minor.
Key Elements
1. The person must be a victim of trafficking. 2. The accused must knowingly exploit the victim. 3. The exploitation can be sexual, labor, or any other form.
Punishment Details
Imprisonment of not less than five years, which may extend to seven years, and a fine.
Illustrative Example
If a person uses a trafficked woman for prostitution knowing she is a victim, it is an offence under Section 370A.
Legal Defenses
If the accused can prove they were unaware of the trafficking status of the person, they may be acquitted.
Related Sections
Related to Section 370 (Trafficking of persons) and Section 366A (Procuration of minor girl).
FAQs
What is exploitation under Section 370A IPC?
Sexual exploitation or labor exploitation of a trafficked person.
Punishment under Section 370A IPC?
Rigorous imprisonment 5-7 years and fine.
Is it cognizable?
Yes, cognizable and non-bailable.
Example of exploitation?
Forcing a trafficked woman into prostitution.
Court for trial?
Sessions Court.
Are victims entitled to help?
Yes, rehabilitation provisions available.
Possible defences?
Consent is immaterial for trafficked persons.