370Trafficking of person
1[370. Trafficking of person.-- (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by
First.using threats, or
Secondly.using force, or any other form of coercion, or
Thirdly.by abduction, or
Fourthly.by practising fraud, or deception, or
Fifthly.by abuse of power, or
Sixthly. by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control overthe person recruited, transported, harboured, transferred or received,
commits the offence of trafficking.
Explanation 1.--The expression "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.
Explanation 2.The consent of the victim is immaterial in determination of the offence of trafficking.
(2)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.
(3) 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 imprisonment for life, and shall also be liable to fine.
(4) 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 imprisonment for life, and shall also be liable to fine.
(5) 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 imprisonment for life, and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking of minor on more than one occasion, then such person 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.
(7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer 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.
Download our fully-offline, High speed android app.- Click here
1. Subs. by Act 13 of 2013, s. 8, for section 370 (w.e.f. 3-2-2013).
- 359 Kidnapping
- 360 Kidnapping from India
- 361 Kidnapping from lawful guardianship
- 362 Abduction
- 363 Punishment for kidnapping
- 363A Kidnapping or maiming a minor for purposes of begging
- 364 Kidnapping or abducting in order to murder
- 364A Kidnapping for ransom, etc
- 365 Kidnapping or abducting with intent secretly and wrongfully to confine person
- 366 Kidnapping, abducting or inducing woman to compel her marriage, etc
- 366A Procuration of minor girl
- 366B Importation of girl from foreign country
- 367 Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc
- 368 Wrongfully concealing or keeping in confinement, kidnapped or abducted person
- 369 Kidnapping or abducting child under ten years with intent to steal from its person
- 370 Trafficking of person
- 370A Exploitation of a trafficked person
- 371 Habitual dealing in slaves
- 372 Selling minor for purposes of prostitution, etc
- 373 Buying minor for purposes of prostitution, etc
- 374 Unlawful compulsory labour