Section 144 BNS: Exploitation of a Trafficked Person
Section 144 of the Bharatiya Nyaya Sanhita, 2023 punishes the sexual exploitation of a trafficked child or trafficked person where the accused knows, or has reason to believe, that the victim has been trafficked. The section provides a higher minimum sentence when the victim is a child.
Section 144 of the Bharatiya Nyaya Sanhita, 2023
Section 144(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.
Section 144(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.
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 144 is therefore part of the criminal law presently in force for conduct governed by the BNS.
Essential Ingredients of Section 144 BNS
The statutory language requires the following principal elements:
- The victim is a trafficked child or trafficked person.
- The accused knows, or has reason to believe, that the victim has been trafficked.
- The accused engages that victim for sexual exploitation.
- The sexual exploitation may be in any manner.
The knowledge requirement is important. Section 144 is not drafted as an absolute-liability provision. It specifically requires that the accused either knows or has reason to believe that the child or person has been trafficked.
Meaning of a Trafficked Person
Section 144 must be read with Section 143 BNS, which defines trafficking. Section 143 covers recruiting, transporting, harbouring, transferring or receiving a person for the purpose of exploitation by specified means such as threats, force, coercion, abduction, fraud, deception, abuse of power or inducement.
Section 143 also provides that exploitation includes physical exploitation, sexual exploitation, slavery or practices similar to slavery, servitude, beggary and forced removal of organs. The consent of the trafficking victim is immaterial in determining the trafficking offence.
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 determines when the higher punishment under Section 144(1) applies.
Punishment Under Section 144 BNS
| Provision | Conduct | Punishment |
|---|---|---|
| Section 144(1) | Engaging a trafficked child for sexual exploitation, knowing or having reason to believe that the child has been trafficked | Rigorous imprisonment for not less than 5 years and up to 10 years, and fine |
| Section 144(2) | Engaging a trafficked person for sexual exploitation, knowing or having reason to believe that the person has been trafficked | Rigorous imprisonment for not less than 3 years and up to 7 years, and fine |
Nature of the Offence Under the BNSS
The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies both offences under Section 144 as follows:
| Provision | Cognizable | Bailable | Triable by |
|---|---|---|---|
| Section 144(1) | Yes | No - Non-bailable | Court of Session |
| Section 144(2) | Yes | No - Non-bailable | Court of Session |
Section 143 and Section 144: Difference
Section 143 BNS creates the offence of trafficking itself. Section 144 addresses the subsequent exploitation of a person who has already been trafficked. Depending on the facts, the person responsible for trafficking and the person responsible for subsequent exploitation may be the same person or different persons.
Related BNS Provisions
- Section 141 - Importation of girl or boy from foreign country
- Section 142 - Wrongfully concealing or keeping in confinement kidnapped or abducted person
- Section 143 - Trafficking of person
- Section 145 - Habitual dealing in slaves
- Section 146 - Unlawful compulsory labour
Frequently Asked Questions
What does Section 144 BNS cover?
It punishes a person who knowingly, or having reason to believe that a child or person has been trafficked, engages that victim for sexual exploitation in any manner.
What is the punishment for exploitation of a trafficked child?
Section 144(1) provides rigorous imprisonment for a minimum of 5 years and a maximum of 10 years, along with fine.
What is the punishment for exploitation of a trafficked person?
Section 144(2) provides rigorous imprisonment for a minimum of 3 years and a maximum of 7 years, along with fine.
Is Section 144 BNS cognizable and non-bailable?
Yes. Both Section 144(1) and Section 144(2) are cognizable and non-bailable and are triable by a Court of Session.
What age is treated as a child under the BNS?
A child is a person below the age of 18 years under Section 2(3) of the BNS.
Legal note: This page provides a general explanation of the statutory provision. The precise application of Section 144 depends on the facts and evidence in each case.