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Section 145 BNS: Habitual Dealing in Slaves

Section 145 of the Bharatiya Nyaya Sanhita, 2023 criminalises habitual dealing in slaves. It covers habitual importing, exporting, removing, buying, selling, trafficking or otherwise dealing in slaves and provides for severe punishment, including imprisonment for life.

Section 145 of the Bharatiya Nyaya Sanhita, 2023

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 145 is therefore part of the criminal law presently in force for conduct governed by the BNS.

Essential Ingredients of Section 145 BNS

The provision contains two important elements: habitual conduct and dealing in slaves. The prohibited conduct includes several forms of dealing:

• habitually importing slaves;
• habitually exporting slaves;
• habitually removing slaves;
• habitually buying slaves;
• habitually selling slaves;
• habitually trafficking slaves; or
• habitually otherwise dealing in slaves.

The word "habitually" is significant. Section 145 is directed at repeated or customary dealing of the kind described in the provision, rather than merely using the statutory label for an isolated act without examining the required factual pattern.

Meaning of "Habitual" in Section 145

The BNS does not provide a separate numerical definition in Section 145 specifying exactly how many acts constitute habitual dealing. Whether conduct is habitual therefore depends on the facts and evidence showing a repeated, regular or continuing course of conduct of the kind prohibited by the section.

Punishment Under Section 145 BNS

The section therefore gives the court two imprisonment alternatives: life imprisonment, or imprisonment of either description up to ten years. Fine is additionally mandatory in the sense that the section states that the offender shall also be liable to fine.

Nature of the Offence Under the BNSS

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies Section 145 as follows:

Relationship With Trafficking Provisions

Section 143 BNS separately defines and punishes trafficking of persons for exploitation. Section 144 BNS punishes sexual exploitation of a trafficked child or trafficked person. Section 145 addresses the distinct and particularly serious conduct of habitually dealing in slaves.

The exact provision applicable in a case depends on the alleged conduct, its purpose, the status of the victim, whether trafficking for exploitation is involved, and whether there is evidence of habitual slave dealing.

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 144 - Exploitation of a trafficked person
• Section 146 - Unlawful compulsory labour

Frequently Asked Questions

What is Section 145 BNS?

Section 145 punishes habitual importing, exporting, removing, buying, selling, trafficking or otherwise dealing in slaves.

What is the maximum punishment under Section 145 BNS?

The court may impose imprisonment for life. The alternative provided by the section is imprisonment of either description for a term up to 10 years. The offender is also liable to fine.

Is Section 145 BNS cognizable?

Yes. The First Schedule to the BNSS classifies the offence as cognizable.

Is Section 145 BNS bailable?

No. It is classified as non-bailable.

Which court tries an offence under Section 145 BNS?

The offence is triable by a Court of Session.

Legal note: This page provides a general explanation of the statutory provision. The application of Section 145 depends on the allegations, evidence and facts of the particular case.