Section 143 BNS: Trafficking of Person
Section 143 of the Bharatiya Nyaya Sanhita, 2023 defines the offence of trafficking of persons and prescribes progressively more severe punishment depending on the number and age of victims, repeat conviction involving a child, and involvement of a public servant or police officer.
Section 143 of the Bharatiya Nyaya Sanhita, 2023
Section 143(1): Whoever, for the purpose of exploitation, recruits, transports, harbours, transfers or receives a person or persons by:
- using threats;
- using force or any other form of coercion;
- abduction;
- practising fraud or deception;
- abuse of power; or
- inducement, including giving or receiving payments or benefits to obtain the consent of a person having control over the person recruited, transported, harboured, transferred or received,
commits the offence of trafficking.
Explanation 1: "Exploitation" includes physical exploitation, any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs.
Explanation 2: The consent of the victim is immaterial in determining the offence of trafficking.
The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It came into force on July 1, 2024, except for Section 106(2). Section 143 is therefore part of the criminal law presently in force for conduct governed by the BNS.
Essential Ingredients of Trafficking Under Section 143
The statutory structure combines an act, a prohibited means and the purpose of exploitation. The prosecution must establish the elements applicable to the facts of the case.
- Act: recruiting, transporting, harbouring, transferring or receiving a person or persons.
- Purpose: exploitation.
- Means: threat, force, coercion, abduction, fraud, deception, abuse of power or specified inducement.
Explanation 2 is particularly important because the victim's consent does not prevent the conduct from amounting to trafficking where the statutory ingredients are otherwise established.
Meaning of "Exploitation" Under Section 143
Explanation 1 gives an inclusive definition. Exploitation includes:
- physical exploitation;
- any form of sexual exploitation;
- slavery;
- practices similar to slavery;
- servitude;
- beggary; and
- forced removal of organs.
Because the definition uses the word "includes", the listed forms identify the principal statutory categories without limiting the expression only to those examples.
Meaning of "Child" Under the BNS
Section 2(3) of the Bharatiya Nyaya Sanhita, 2023 defines a child as any person below the age of eighteen years. This definition is important for applying the enhanced punishments under Section 143(4), Section 143(5) and Section 143(6).
Punishment Under Section 143 BNS
| Provision | Offence | Punishment |
|---|---|---|
| Section 143(2) | Trafficking of a person | Rigorous imprisonment for not less than 7 years and up to 10 years, and fine. |
| Section 143(3) | Trafficking of more than one person | Rigorous imprisonment for not less than 10 years, which may extend to imprisonment for life, and fine. |
| Section 143(4) | Trafficking of a child | Rigorous imprisonment for not less than 10 years, which may extend to imprisonment for life, and fine. |
| Section 143(5) | Trafficking of more than one child | Rigorous imprisonment for not less than 14 years, which may extend to imprisonment for life, and fine. |
| Section 143(6) | Repeat conviction for trafficking of a child | Imprisonment for life, meaning imprisonment for the remainder of the person's natural life, and fine. |
| Section 143(7) | Public servant or police officer involved in trafficking of any person | Imprisonment for life, meaning imprisonment for the remainder of the person's natural life, and fine. |
Nature of Offence Under the BNSS
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the punishable offences under Section 143 as follows:
| Cognizable | Yes |
|---|---|
| Bailable | No; the offences are non-bailable |
| Triable by | Court of Session |
Victim Consent and Trafficking
Section 143 expressly states that the consent of the victim is immaterial in determining the offence. Accordingly, the legal inquiry focuses on whether the statutory acts, prohibited means and purpose of exploitation are established rather than treating apparent consent as a complete answer to the charge.
Related BNS Provisions
Section 143 is followed by provisions dealing with exploitation of trafficked persons, slavery and forced labour. Related provisions include:
- Section 141 - Importation of girl or boy from foreign country
- Section 142 - Wrongfully concealing or keeping in confinement kidnapped or abducted person
- Section 144 - Exploitation of a trafficked person
- Section 145 - Habitual dealing in slaves
- Section 146 - Unlawful compulsory labour
Frequently Asked Questions
What conduct amounts to trafficking under Section 143 BNS?
Recruiting, transporting, harbouring, transferring or receiving a person for exploitation by any of the prohibited means listed in Section 143(1) can constitute trafficking.
What forms of exploitation are covered?
The provision includes physical exploitation, sexual exploitation, slavery or similar practices, servitude, beggary and forced removal of organs.
Does the victim's consent prevent a trafficking charge?
No. Explanation 2 expressly states that the victim's consent is immaterial in determining the offence.
What is the punishment for trafficking a child?
Under Section 143(4), trafficking of a child is punishable with rigorous imprisonment for not less than 10 years, which may extend to imprisonment for life, and fine.
Is Section 143 BNS cognizable and non-bailable?
Yes. The punishable offences under Section 143 are cognizable and non-bailable and are triable by a Court of Session.
Legal note: This page is intended to explain the statutory provision for general information. The precise charge, applicable sub-section and punishment depend on the facts of each case.