Code
Section 144 – Bharatiya Nyaya Sanhita (BNS)
(1) Whoever, knowingly or having reason to believe that a child has been trafficked,
engages such child 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 ten
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 sexual exploitation in any manner, shall be punished with rigorous
imprisonment for a term which shall not be less than three years, but which may extend to
seven years, and shall also be liable to fine.
Explanation of Section 144 BNS
Section 144 of the Bharatiya Nyaya Sanhita (BNS), 2023, penalizes the exploitation of trafficked individuals, particularly in cases of sexual exploitation. The law ensures that any person who knowingly exploits a trafficked individual, especially a child, faces severe punishment.
Key Elements of the Offense
- Knowledge or Belief of Trafficking
- If a person knows or has reason to believe that an individual is trafficked and still engages in their sexual exploitation, they are guilty under this section.
- Different Punishments for Adults and Children
- Exploitation of a trafficked child: Minimum 5 years imprisonment, extendable to 10 years, along with a fine.
- Exploitation of a trafficked adult: Minimum 3 years imprisonment, extendable to 7 years, along with a fine.
- Criminalization of Sexual Exploitation
- Any form of sexual exploitation of a trafficked individual is punishable.
- Strict Liability
- Even if the accused claims ignorance, they can still be convicted if there was reason to believe the person was trafficked.
Illustrations
Example 1: Child Sexual Exploitation
A brothel owner forces a trafficked minor into prostitution. Since the child was trafficked, the brothel owner will be punished with a minimum of 5 years imprisonment, extendable to 10 years under Section 144(1) BNS.
Example 2: Exploitation of an Adult Trafficking Victim
A person knowingly engages with an adult who was trafficked for sexual exploitation. The offender will face 3 to 7 years of rigorous imprisonment and a fine under Section 144(2) BNS.
Example 3: Indirect Exploitation
A hotel manager knowingly allows a trafficked woman to be exploited on the premises. Even though he did not directly exploit her, he had reason to believe she was trafficked. He will be punished under Section 144 BNS.
Punishments Under Section 144 BNS
| Offense | Punishment |
|---|---|
| Exploitation of a trafficked child | 5 to 10 years imprisonment + Fine |
| Exploitation of a trafficked adult | 3 to 7 years imprisonment + Fine |
Common Questions and Answers on Section 144 BNS
1. What is the minimum punishment for the sexual exploitation of a trafficked person?
The minimum punishment is 3 years rigorous imprisonment, extendable to 7 years, along with a fine.
2. What if the victim consents to the act?
Consent is irrelevant if the victim has been trafficked, as per BNS provisions.
3. What happens if the offender did not know the person was trafficked?
If the offender had reason to believe that the individual was trafficked, they can still be punished under Section 144 BNS.
4. Can trafficking victims file complaints against their exploiters?
Yes, trafficking victims can file complaints. Law enforcement is bound to investigate and take action under Section 144 BNS.
5. Can a person be punished for indirectly enabling exploitation?
Yes. Even if a person does not directly engage in sexual exploitation but facilitates it, they can be prosecuted under this section.
Conclusion
Section 144 BNS serves as a strong legal safeguard against the exploitation of trafficked individuals. It ensures that anyone who engages in the sexual exploitation of trafficked persons, knowingly or with reason to believe, faces severe punishment.
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