BBanaka

BNS Section 143: Trafficking of person

Bharatiya Nyaya Sanhita, 2023 · Chapter 6: Of Offences Affecting the Human Body - Of offences affecting life - Of hurt - Of wrongful restraint and wrongful confinement - Of criminal force and assault - Of kidnapping, abduction, slavery and forced labour

Also available in: हिंदी

143. (1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practising fraud, or deception; or
(e) by abuse of power; or
(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, 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, 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 a child 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.

Study: explanations and related material

Replaces IPC 370. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

143(2)Trafficking of person.

Punishment
Rigorous imprisonment for not less than 7 years but which may extend to 10 years and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

143(3)Trafficking of more than one person.

Punishment
Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

143(4)Trafficking of a child.

Punishment
Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

143(5)Trafficking of more than one child.

Punishment
Rigorous imprisonment for not less than 14 years but which may extend to imprisonment for life and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

143(6)Person convicted of offence of trafficking of child on more than one occasion.

Punishment
Imprisonment for life which shall mean the remainder of that person's natural life and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

143(7)Public servant or a police officer involved in trafficking of child.

Punishment
Imprisonment for life which shall mean the remainder of that person's natural life and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 167–168. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

Other sections in this chapter