What is Section 374 IPC? Unlawful compulsory labour
Published on: Lawiz Team
Learn about Section 374 IPC: Unlawful compulsory labour
Official Legal Text
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 374 punishes anyone who unlawfully compels another person to perform labor against their will.
Purpose
To protect individuals from being forced into labor without their consent.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both.
Key Elements
1. The person must be forced to work. 2. The work must be against their will. 3. The act must be without lawful authority.
Punishment Details
Imprisonment of up to one year, or a fine, or both.
Illustrative Example
If a person is forced to work in a factory without payment or under threat, it is an offence under Section 374.
Legal Defenses
If the accused can prove that the work was done with consent or under lawful authority, they may be acquitted.
Related Sections
Related to Section 370 (Trafficking of persons) and Section 371 (Habitual dealing in slaves).
FAQs
What is unlawful compulsory labour?
Forcing a person to work against their will without lawful justification.
Punishment for Section 374 IPC?
Imprisonment up to 1 year or fine or both.
Is it cognizable?
Non-cognizable and bailable.
Example situation?
Forcing a servant to work without payment under threat.
Court jurisdiction?
Magistrate's Court.
Complaint process?
Police complaint or labour rights authority complaint.
Possible defence?
Proof of voluntary service.