Introduction
Human trafficking is a serious offence involving the exploitation of people through force, coercion, deception, abuse of power or other unlawful means. The Bharatiya Nyaya Sanhita, 2023 (BNS) contains specific provisions dealing with human trafficking and the exploitation of people who have been trafficked.
Sections 143 and 144 of the BNS deal with two connected offences. Section 143 focuses on the trafficking of a person, while Section 144 deals with knowingly exploiting a person who has already been trafficked, particularly for sexual exploitation. The law provides stricter punishment where the victim is a child or where other serious circumstances are involved.
What Does Section 143 Of The BNS Say About Human Trafficking?
Section 143 of the BNS deals with trafficking of a person. It covers recruiting, transporting, harbouring, transferring or receiving a person by using or threatening to use force, coercion, abduction, fraud, deception or abuse of power, or by inducing a person to do so, for the purpose of exploitation.
The provision also covers situations involving inducement, including giving or receiving payments or benefits to obtain the consent of a person having control over the person being recruited, transported, harboured, transferred or received.
The provision recognises different forms of exploitation, including physical or sexual exploitation, slavery, practices similar to slavery, servitude, beggary and forced removal of organs. The consent of the person being trafficked is not treated as a defence when the other statutory elements of trafficking are established.
What Does Exploitation Mean Under Section 143?
The purpose behind the trafficking is an important element of the offence. Section 143 includes exploitation such as physical or sexual exploitation, slavery, practices similar to slavery, servitude, beggary and forced removal of organs.
Therefore, trafficking is not limited to transporting a person from one place to another. A person can be trafficked through recruitment, harbouring, transferring or receiving when the conduct is carried out through the methods specified in the provision and for the purpose of exploitation.
Does The Consent Of The Victim Matter In Human Trafficking?
The explanation to Section 143 provides that the consent of the victim is immaterial in determining the offence of trafficking.
This means that an accused cannot rely simply on the victim’s alleged consent when the other ingredients of trafficking under the provision are established. The focus is on the prohibited conduct, the means used and the purpose of exploitation.
What Is The Punishment For Trafficking One Person?
Trafficking one person is punishable under Section 143(2) BNS with rigorous imprisonment of not less than seven years and which may extend to ten years, along with fine. The punishment increases in cases involving multiple persons or children.
What Happens When More Than One Person Is Trafficked?
Where the offence involves trafficking of more than one person, Section 143(3) provides for rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, along with fine. The law therefore treats trafficking involving multiple victims more seriously than trafficking involving a single person.
What Is The Punishment For Trafficking A Child?
The BNS provides enhanced punishment where the victim is a child. Trafficking a child is punishable under Section 143(4) with rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, along with fine.
The punishment becomes even more severe where more than one child is trafficked. Under Section 143(5), trafficking more than one child is punishable with rigorous imprisonment of not less than fourteen years, which may extend to imprisonment for life, along with fine.
What Happens If A Public Servant Or Police Officer Is Involved In Human Trafficking?
The BNS also specifically addresses trafficking involving a public servant or a police officer. Under Section 143(7), where a public servant or police officer is involved in the trafficking of any person, the punishment is imprisonment for life, meaning imprisonment for the remainder of that person’s natural life, along with fine. The provision is therefore not limited to cases involving child victims.
What Happens If A Person Is Convicted Again For Trafficking A Child?
The BNS provides an additional punishment for certain repeat offenders. Under Section 143(6), where a person has been previously convicted of an offence under Section 143 involving the trafficking of a child and is subsequently convicted again for trafficking a child, the punishment is imprisonment for life, meaning imprisonment for the remainder of that person’s natural life, along with fine. This provision reflects the particularly serious treatment of repeated child trafficking.
What Does Section 144 Of The BNS Deal With?
Section 144 of the BNS deals with the exploitation of a trafficked person. The provision applies where a person knowingly, or having reason to believe, that a person has been trafficked, engages that person for sexual exploitation.
Section 144 therefore focuses on the person who engages a trafficked victim for sexual exploitation rather than the initial act of trafficking itself.
What Is The Punishment For Exploiting A Trafficked Child?
Under Section 144(1) BNS, a person who knowingly or having reason to believe that a child has been trafficked, engages that child for sexual exploitation in any manner may be punished with rigorous imprisonment of not less than five years and which may extend to ten years, along with fine. The law therefore provides a higher minimum punishment where the trafficked victim is a child.
What Is The Punishment For Exploiting A Trafficked Adult?
Under Section 144(2) BNS, a person who knowingly or having reason to believe that a person has been trafficked and engages that person for sexual exploitation may be punished with rigorous imprisonment of not less than three years and which may extend to seven years, along with fine.
How Are Sections 143 And 144 Different?
The two provisions deal with different forms of trafficking-related criminal activity. Section 143 primarily targets the trafficking itself. It covers the recruitment, transportation, harbouring, transfer or receipt of persons through specified unlawful means for exploitation.
Section 144 targets the sexual exploitation of a person who has already been trafficked, where the accused knowingly or has reason to believe that the person was trafficked.
The distinction is important because a person involved in trafficking and a person who knowingly exploits a trafficked victim can face liability under different provisions.
Is Section 144 Limited To Trafficked Children?
Section 144 covers both trafficked children and other trafficked persons. However, the punishment is more severe when the victim is a child.
The punishment for exploitation of a trafficked child is five to ten years with fine, while exploitation of another trafficked person is punishable with three to seven years with fine.
Are Sections 143 And 144 The Same As The Old Section 144 Law?
Section 143 BNS deals with trafficking of a person and Section 144 BNS deals with exploitation of a trafficked person. They have no connection with the former Section 144 of the Code of Criminal Procedure, 1973, which dealt with orders to prevent public nuisance and apprehended danger.
Under the new framework, Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) contains the corresponding provision concerning urgent cases of nuisance or apprehended danger. Similarly, Section 189 BNS deals with unlawful assembly and related conduct. Therefore, the number “144” has a completely different meaning depending on which new criminal law is being referred to.
What Is The Legal Classification Of Sections 143 And 144?
The offences under Sections 143 and 144 BNS are cognizable and non-bailable, and they are triable by the Court of Session, as classified under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
This means that these offences are treated as serious criminal offences under the new criminal law framework.
Conclusion
Section 143 BNS deals with human trafficking, while Section 144 deals with the sexual exploitation of trafficked persons. Section 143 covers acts such as recruiting, transporting, harbouring, transferring or receiving a person through specified unlawful means for exploitation.
The punishment increases significantly when the victim is a child or when multiple persons are trafficked. Trafficking more than one child carries rigorous imprisonment of not less than fourteen years, which may extend to imprisonment for life, along with fine. The law also provides imprisonment for life where a public servant or police officer is involved in trafficking any person.
Section 144 separately punishes the knowing or reasonably believed sexual exploitation of a trafficked person, with five to ten years’ rigorous imprisonment for exploitation of a trafficked child and three to seven years for exploitation of another trafficked person, along with fine. These provisions demonstrate the BNS approach of imposing stronger criminal consequences for trafficking and exploitation, particularly where children are involved.
