Sections 370–370A IPC vs Sections 143–144 BNS — Trafficking of Persons

In India, Section 143 of the Bharatiya Nyaya Sanhita, 2023 (BNS) replaced Section 370 of the Indian Penal Code, 1860 (IPC) on trafficking, and Section 144 BNS replaced Section 370A on exploiting a trafficked person, from 1 July 2024. Section 143 adds "beggary" to exploitation; Section 144 raises both maximum terms.

At a glance

RI = rigorous imprisonment. The CrPC First Schedule classified every entry under Sections 370 and 370A IPC as cognizable, non-bailable and triable by the Court of Session, so the classification is unchanged.

What changed

• Expanded — Explanation 1 to Section 143(1) (IPC 370): "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". Section 370 read "servitude, or the forced removal of organs".
• Modified — Section 144(1) (IPC 370A(1)): "may extend to seven years" becomes "may extend to ten years"; "minor" becomes "child". The five-year minimum is unchanged.
• Modified — Section 144(2) (IPC 370A(2)): "may extend to five years" becomes "may extend to seven years". The three-year minimum is unchanged. The India Code IPC text prints "knowingly by or having reason to believe"; Section 144(2) reads "knowingly or having reason to believe".
• Minor edit — Section 143(4) to (6) (IPC 370(4) to (6)): "a minor", "more than one minor" and "trafficking of minor" become "a child", "more than one child" and "trafficking of a child". Section 2(3) BNS defines "child" as any person below the age of eighteen years; Section 370 itself did not define "minor".
• Minor edit — Section 143(1) drafting: the lettered acts "(a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives" become an unlettered list, and the means headed "First.— … Sixthly.—" become clauses (a) to (f). The acts and the six means are the same.
• Identical — Explanation 2, Section 143(2), (3) and (7): consent of the victim remains immaterial, and the punishments for simple trafficking, trafficking of more than one person, and involvement of a public servant or police officer are unchanged.

Statutory text (relevant extract)

Extract, Section 370(1) IPC, Explanation 1 (repealed from 1 July 2024):

The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.

Extract, Section 143 BNS, Explanation 1 and sub-section (2):

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.

(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.

Extract, Section 144(1) BNS:

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.

How it works — the ingredients

Section 143(1) builds the offence from three elements.

1. The act — recruiting, transporting, harbouring, transferring or receiving a person or persons.
2. The means — any one of: (a) using threats; (b) using force or any other form of coercion; (c) abduction; (d) practising fraud or deception; (e) abuse of power; or (f) inducement, including giving or receiving payments or benefits, to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received.
3. The purpose — exploitation. Explanation 1 lists what exploitation "shall include": physical exploitation, any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary, and forced removal of organs. The word "include" leaves the list open.

Explanation 2 makes the victim's consent immaterial. Consent therefore does not defeat the charge once the three elements are shown.

The punishment tiers turn on how many victims there are (143(3), 143(5)), whether a victim is a child (143(4), 143(5)), whether the offender has been convicted of child trafficking before (143(6)), and whether a public servant or police officer is involved (143(7)).

Section 144 is a separate offence aimed at the person who uses a trafficked victim. It needs: knowledge or reason to believe that the child or person has been trafficked; and engaging that child or person for sexual exploitation "in any manner". On a reading of the text, it does not require the accused to have taken part in the trafficking.

Neighbouring provisions: habitual dealing in slaves is Section 145 BNS (IPC 371), unlawful compulsory labour is Section 146 BNS (IPC 374), and selling or buying a child for prostitution and similar purposes are Sections 98 and 99 BNS (IPC 372 and 373). Section 111(1) BNS lists "trafficking of persons" and "human trafficking for prostitution or ransom" among the continuing unlawful activities that can make up organised crime. Article 23(1) of the Constitution prohibits "Traffic in human beings".

What this means in practice

For the investigating officer and prosecutor

• The charge-sheet must show all three elements for Section 143. On the Supreme Court's reading in Prajwala (below), the means element is needed even where the victim is a child; age affects the punishment tier, not the need to prove a means.
• For the child tiers, record proof of age against the Section 2(3) definition (below eighteen).
• Where the accused did not traffic the victim but used a trafficked victim for sexual exploitation, Section 144 is the provision, with its knowledge or reason-to-believe requirement.

For the victim and family

• Every entry is cognizable, so an FIR can be registered. The offences are triable by the Court of Session.
• The case cannot be closed by compromise: Sections 143 and 144 are not in either table of Section 359 BNSS.
• New reporting duty: Section 33(1)(iii) BNSS requires every person aware of the commission of, or of the intention of another to commit, an offence under Sections 140 to 144 BNS to give information forthwith to the nearest Magistrate or police officer, in the absence of a reasonable excuse (the burden of proving which lies on that person). The list in Section 39(1) CrPC did not include Sections 370 or 370A IPC.

For the accused and defence advocate

• Bail is discretionary (non-bailable). Pinki (below) shows the Supreme Court setting aside bail granted in child-trafficking cases where the High Court did not weigh the gravity of the offence.
• A charge that shows exploitation but no qualifying act or means is open to challenge on the text of Section 143(1).

Judgments that still matter

Ajay Malik v. State of Uttarakhand & Anr., [2025] 1 S.C.R. 1725 (2025 INSC 118) — 29 January 2025. An FIR under Sections 343 and 370 IPC concerned a domestic worker brought from Chhattisgarh through a placement agency. Surya Kant and Ujjal Bhuyan JJ. (judgment by Surya Kant J.) held that no prima facie offence under Section 370 IPC was made out against the employer, noting that the allegations against him diminished in the complainant's statement under Section 164 CrPC and that she stated on affidavit that he had neither trafficked nor confined her (paras 18 to 20). The Court agreed with the High Court that Section 370 was non-compoundable because it "does not find a place on the Schedule attached to Section 320 of the CrPC" (para 31), but set aside the High Court's order and quashed the FIR and proceedings qua the employer. The same absence from the compounding table holds for Sections 143 and 144 under Section 359 BNSS.

Pinki v. State of Uttar Pradesh & Anr., [2025] 5 S.C.R. 522 (2025 INSC 482) — 15 April 2025. Relatives of trafficked children appealed against bail granted by the Allahabad High Court to 13 accused charge-sheeted under Sections 363, 311 and 370 IPC (Section 370(5) in the principal FIRs) in an interstate child-trafficking racket. J.B. Pardiwala and R. Mahadevan JJ. held that, considering "the serious nature of the crime and the modus operandi", the High Court should not have exercised its discretion in favour of the accused (para 67), allowed the appeals and set aside the bail orders (para 79), and directed, among other things, that, once the charge is framed, the trial courts in these cases "complete the proceedings of the trial within a period of six months" (direction (d)), and that every High Court call for the status of pending child-trafficking trials and issue a circular for them to be completed within six months of the circular (para 81). It also said that if a newborn is trafficked from a hospital, the immediate action should be suspension of the hospital's licence (para 91). The case applied Section 370(5), whose words Section 143(5) repeats with "child" for "minor".

Prajwala v. Union of India & Ors. (2026 INSC 609) — 29 May 2026. In a continuing proceeding arising from a 2004 writ petition on trafficking for commercial sexual exploitation, J.B. Pardiwala and R. Mahadevan JJ. (judgment by Pardiwala J.) construed Section 143 BNS. The Court stated that Sections 370 and 370A were adopted into the BNS "without significant change", identifying the addition of beggary and the higher Section 144 maximums (para 201). It held that under Section 143, "all the three elements must be established for the offence of trafficking to be constituted, even for children" (para 204), and that whether an act falls within Section 143(1) must be decided case by case on the totality of the circumstances (para 206). Among its recommendations — not directions — it flagged the child means-element requirement as a deviation from the Palermo Protocol that "needs immediate attention" (para 455(e)). The Miscellaneous Application was disposed of with a Victim Protection Plan and additional directions to States and Union Territories (paras 456, 462).

Which law applies to your case

Section 358(2) BNS keeps alive any penalty or punishment incurred under the IPC and lets proceedings be instituted, continued or enforced "as if that Code had not been repealed"; on a reading of that provision, trafficking committed before 1 July 2024 is charged under Sections 370 and 370A IPC. Proceedings pending on that date continue under the CrPC (Section 531(2)(a) BNSS). Article 20(1) of the Constitution bars a penalty greater than the law in force at the time of the offence, so, on a reading of that Article, the higher maximums in Section 144 cannot be imposed for earlier conduct. See which law applies to an offence before 1 July 2024.

Frequently asked questions

What is the BNS equivalent of Section 370 IPC? Section 143 of the Bharatiya Nyaya Sanhita, 2023 replaces Section 370 IPC, and Section 144 BNS replaces Section 370A IPC. The definition of trafficking and the six punishment tiers are carried over, with 'beggary' added to Explanation 1 and 'child' used in place of 'minor'.

What is the punishment for human trafficking under Section 143 BNS? Under Section 143(2) BNS, trafficking is punishable with rigorous imprisonment of not less than seven years and up to ten years, and fine. Trafficking of more than one person or of a child carries ten years to life (Section 143(3) and (4)), and of more than one child fourteen years to life (Section 143(5)). A repeat conviction for child trafficking, and trafficking involving a public servant or police officer, carry imprisonment for the remainder of natural life (Section 143(6) and (7)).

Did the punishment change for exploiting a trafficked person? Yes. Under Section 144(1) BNS, engaging a trafficked child for sexual exploitation carries five to ten years' rigorous imprisonment and fine; Section 370A(1) IPC allowed up to seven years. Under Section 144(2), engaging a trafficked person for sexual exploitation carries three to seven years; Section 370A(2) allowed up to five years. The minimums are unchanged.

Is trafficking bailable under the BNS? No. The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 lists every entry under Sections 143 and 144 BNS as cognizable and non-bailable, triable by the Court of Session. The CrPC First Schedule classified Sections 370 and 370A IPC the same way.

Does the victim's consent matter in a trafficking case? No. Explanation 2 to Section 143(1) BNS states that the consent of the victim is immaterial in determination of the offence of trafficking, as Explanation 2 to Section 370 IPC did. The prosecution must still show the act, one of the listed means and the purpose of exploitation.

Must the means element be proved when the victim is a child? Yes, on the text of Section 143(1) BNS. In Prajwala v. Union of India (2026 INSC 609), the Supreme Court observed that, unlike the Palermo Protocol, all three elements of act, means and purpose must be established under the BNS even for children, and, among its recommendations, said this deviation from the Palermo Protocol needs immediate attention.

Can a trafficking case be settled by compromise? No. Sections 143 and 144 BNS are not in either compounding table in Section 359 BNSS. In Ajay Malik v. State of Uttarakhand (2025 INSC 118), the Supreme Court agreed that Section 370 IPC was non-compoundable because it was not listed in Section 320 CrPC, though it quashed the proceedings against that accused on other grounds.

Which law applies to trafficking committed before 1 July 2024? Section 358(2) BNS saves penalties and proceedings under the IPC as if it had not been repealed, so on a reading of that text trafficking committed before 1 July 2024 is charged under Sections 370 and 370A IPC. Article 20(1) bars a heavier penalty than the law then in force, so, on a reading of that Article, the higher Section 144 maximums cannot be imposed for earlier conduct.

Related

• Kidnapping and abduction: IPC 359-369 vs BNS 137-142
• Organised crime — Section 111 BNS
• Organised crime — the new provisions explained
• Offences against women: IPC vs BNS
• Victim rights and compensation
• IPC to BNS master table

Sources

• Bharatiya Nyaya Sanhita, 2023 (Gazette text): Sections 2(3), 98, 99, 111(1), 143 to 146 and 358.
• Indian Penal Code, 1860 (India Code text): Sections 370 and 370A with the 2013 substitution footnote.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (Gazette text): Sections 33, 359 and 531, and the First Schedule entries for Sections 143 and 144 BNS.
• Code of Criminal Procedure, 1973: Sections 39 and 320, and the First Schedule entries for Sections 370 and 370A IPC.
• Constitution of India: Articles 20(1) and 23(1).
• Judgments read in full text: Ajay Malik v. State of Uttarakhand (2025_1_1725_1754_EN.md); Pinki v. State of Uttar Pradesh (2025_5_522_615_EN.md); Prajwala v. Union of India (Diary_7980-2022_Judgment.md).

This page explains the statutory text and the judgments cited as they stand. It is not legal advice; for a specific case, consult an advocate.