Trafficking of person
AI Assist
Summary
Recruiting, transporting, harbouring, transferring or receiving a person for exploitation by force, threats, abduction, fraud, abuse of power or inducement (including payments) is trafficking; the victim's consent is irrelevant. Exploitation covers sexual exploitation, slavery, servitude, beggary and forced organ removal. Conviction attracts rigorous imprisonment and fine: normally seven to ten years, with higher minimums and possible life terms for multiple victims, children, repeat offences, or when a public servant or police officer is involved.
Example
Priya is promised a factory job by Karan, who pays her travel and then hands her to others who force her to work. Even though Priya was told it was a job, this is trafficking by fraud and inducement; Karan can face rigorous imprisonment of at least seven years and a fine.
Bare Act
Enacted text(1) Whoever, for the purpose of exploitation, recruits, transports, harbours, transfers, or receives, a person or persons by,
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(a) using threats; or
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(b) using force, or any other form of coercion; or
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(c) by abduction; or
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(d) by practicing fraud, or deception; or
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(e) by abuse of power; or
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(f) 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, beggary or 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 child below the age of eighteen years, 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 child below the age of eighteen years, 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 child below the age of eighteen years 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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