Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc, Wrongfully concealing or keeping in confinement, kidnapped or abducted person, Kidnapping or abducting child under ten years with intent to steal from its person, Buying or disposing of any person as a slave, Habitual dealing in slaves, and punishments for all these crimes under Indian Penal Code is defined under Section 366, 366A and 366B of Indian Penal Code 1860. Provisions under these sections are
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subject to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.
Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(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 over the 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.
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1. Subs. by Act 13 of 2013, s. 8, for section 370 (w.e.f. 3-2-2013).
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 1 [imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
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1. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life"