Trafficking of Persons - Section 370
One of the major drawbacks of society is transferring people or humans. People have become so greedy for money that they now have started selling other people for that. Some people are selling organs of others without their consent or will or forcefully for money, some are selling small children to either become slaves or to exploit them physically or sexually. In this blog, we will discuss what is IPC 370? Is IPC 370 bailable? What is the punishment for the IPC 370 case? How to file/defend your case for IPC 370 offence? Any famous judgment w.r.t. IPC 370 if any? Human trafficking: When someone sends or receives people or transport a person or persons from one place to another without their will for various purposes like slavery or physical abuse is called human trafficking. Section 370 of the Indian Penal Code talks about human trafficking, it falls under chapter sixteen of the Indian Penal Code. This section states that if a person hires other person or transfer someone or transport someone or receive or hide someone by using threat or forcefully or by coercion or abduct or kidnap or by fraud or deception or by using powers or induce by giving them money for any type of exploitation is human trafficking, which would be considered as an offence. Explanations: Explanation 1: This explanation discusses the meaning of “exploitation”, it states that exploitation includes both types of acts physical exploitation and sexual exploitation, exploitation also includes any type of slavery or any act which is similar to that also if the organs of the person is taking forcefully falls under exploitation. Explanation 2: Under this explanation, the consent of the person or victim is discussed, it states that to consider the offence of trafficking the consent of the victim or person is irrelevant or immaterial. Consult the best lawyer online Ingredient of Human Trafficking The person has to be sent or received or sold or bought by the accused person. The person held captive shall be against their will. The person is exploited either physically or sexually or has been treated as a slave. What is the punishment for the IPC 370 case? Punishment of human trafficking is discussed in the sub-sections of explanation 2. According to that the punishment for human trafficking is varies with the intensity of the crimes. Sub-section 2 of explanation 2 states the punishment for human trafficking. It states that if a person is found guilty of such offence then he/she should be punished with rigorous imprisonment which should not be less than seven years and can be extended up to ten years and a fine shall also be imposed. Sub-section 3 of explanation 2 states that if more than one person has been transferred or trafficking of more than one person has taken place, in that case, the punishment should be rigorous imprisonment which should not be less than ten years and can be extended to life imprisonment and fine shall also be imposed. Sub-section 4 of explanation 2 discusses the trafficking of a minor, it states that if a person found guilty of the trafficking of a minor then that person shall be punished with rigorous imprisonment for ten years which can be extended up to life imprisonment and a fine shall also be imposed. Sub-section 5 of explanation 2 discusses the trafficking of minors. If a person has committed the offence of trafficking of minors or more than one minor then that person shall be punished with rigorous imprisonment for fourteen years which can be extended up to life imprisonment and a fine shall also be imposed on him/her. Sub-section 6 of explanation 2 discuss the punishment of the cases where a person is found guilty of trafficking of minor more than one time or more than once than that person should be punished with life imprisonment, which means that person shall be in prison till he/she dies naturally and fine shall also be imposed. Sub-section 7 of explanation 2 talks about the liability of a public servant or a police officer who participated or help or aided in human trafficking. If any public servant or a police officer’s involvement is proved then that public servant or police officer should be punished with life imprisonment which means that person shall be in the prison till he/she dies naturally, and also fine should be imposed.
Is IPC 370 a cognizable offence or a non-cognizable offence?
Human Trafficking is a cognizable offence.
Is IPC 370 a bailable or non-bailable offence?
Human Trafficking or trafficking of people under section 370 is a non-bailable offence.
Case laws
In Laxmi Kant Pandey v. Union of India: In this case, the Supreme Court has provided some procedure to check that the people from foreign countries who want to adopt the child and also monitored by the intercountry adoptions to reduce the trafficking of minors. the Supreme Court held that the main reason for the adoption is for the welfare of the child but there is a possibility that the child after getting adopted by foreign parents be a victim of negligence or gets neglect by the adoptive parents or they might abandon the child in the foreign country in that case the child may become the victim of physical or sexual abuse. Therefore, it is important to check that the child is in good hands.
Vishal Jeet v. Union of India: In this case, Supreme Court has made some guidelines to form a committee of Central and State Government which fight with the trafficking or to form a committee whose responsibility will be to look at the matters related to trafficking and to fight with it so that trafficking of children and girls will be reduced. In this case, the court has observed that even though there are laws related to this trafficking of children and girls is being taken place and the number of cases related to children and girls for prostitution is increasing court held that law should be enforced regarding such matters and people like pimps or brokers or others who are behind this shall be punished and strict legal actions should be taken against them.
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Gaurav Jain v. Union of India: In this case, Supreme Court held that the trafficked people also have the right to live life with dignity but the victims of trafficking or the trafficked people have difficulty in doing so because of the torture or trauma they have suffered. Therefore, the Court ordered the formation of a committee for the rehabilitation of the trafficked people and their children who become the victim so that they can also have equal opportunities and can live their life with dignity.
Conclusion: Trafficking or selling or buying human beings for prostitution or for slavery is not a new concept, unfortunately, it is been practiced for a very long time. Strict laws have been made and the laws against human trafficking are given under the Indian Constitution and Under the Indian Penal Code but still, the cases are getting increased especially related to children and young or small girls either for prostitution or for child labour or for begging. The Court to make the cases reduced and protect the children formed committed by the Central and State Government to fight and to take strict actions against it. Also makes it penalize under the Indian Penal Court, if a person found guilty of human trafficking that person shall be punished with imprisonment and a fine.
This article was drafted by Ms. Charu Shrivastava, B.A.LLB(H), Galgotias University, Greater Noida. U.P.| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Trafficking of Persons | Imprisonment, up to 10 years or fine or both | Cognizable | Non-Bailable | Court of sessions |
| Offence | Trafficking of Persons |
|---|---|
| Punishment | Imprisonment, up to 10 years or fine or both |
| Cognizance | Cognizable |
| Bail | Non-Bailable |
| Triable By | Court of sessions |
