Trafficking of person

What this section does

This section defines and punishes the offence of trafficking in persons. It covers recruitment, transport, harbouring, transfer, or receipt of persons for exploitation through threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. The victim's consent is expressly irrelevant, and punishment escalates based on the number of victims, involvement of children, repeat offences, and whether the offender is a public servant or police officer.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

Rigorous imprisonment not less than 7 years, extendable to 10 years, and fine (basic offence). Not less than 10 years up to life imprisonment and fine (more than one person or a child). Not less than 14 years up to life imprisonment and fine (more than one child). Imprisonment for the remainder of natural life and fine (repeat conviction for trafficking a child, or involvement of a public servant or police officer).

Triable by

Sessions Court

Cognizable

Yes

Bailable

No

Compoundable

No

Ingredients (what prosecution must prove)

1. The accused recruited, transported, harboured, transferred, or received a person or persons
2. The act was done for the purpose of exploitation (including physical or sexual exploitation, slavery, servitude, beggary, or forced organ removal)
3. The act was carried out by at least one of: threats, force or coercion, abduction, fraud or deception, abuse of power, or inducement/payments to a person having control over the victim
4. Consent of the victim is immaterial

Derived from IPC s.370.