Indian Penal Code, 1860 · Section 370

IPC 370 in BNS: Section 143

Section 370 of the Indian Penal Code, 1860 corresponds to Section 143 of the Bharatiya Nyaya Sanhita, 2023. IPC 370 deals with trafficking of person. The Bharatiya Nyaya Sanhita came into force on 1 July 2024, replacing the IPC. Both texts are set out below, side by side, with the changed words marked.

Indian Penal Code

IPC 370 is now BNS 143.

Trafficking of person

Carried over
93% of the old wording kept
Old · IPC 1860 · Ch. XVI
s. 370
Trafficking of person
(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports,
(c) harbours, (d) transfers, or (e) receives, a person or persons, by— First.—using threats, or Secondly.—using force, or any other form of coercion, or Thirdly.—by abduction, or Fourthly.—by practising fraud, or deception, or Fifthly.—by abuse of power, or Sixthly.— by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control overthe 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, or the forced removal of organs.
Explanation 2.—Theconsent 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 minor, 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 minor, 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 minor 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.
Text from the official India Code PDF
New · BNS 2023 · Ch. VI
s. 143
Trafficking of person.
(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.
Text from India Code
Old classification · CrPC First Schedule, for IPC 370
Trafficking of person.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment of not less than 7 years but which may extend to 10 years and with fine.
Triable byCourt of Session.
Trafficking of more than one person.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment of not less than 10 years but which may extend to imprisonment for life and with fine.
Triable byCourt of Session.
Trafficking of a minor.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment of not less than 10 years but which may extend to imprisonment for life and with fine.
Triable byCourt of Session.
Trafficking of more than one minor.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment of not less than 14 years but which may extend to imprisonment for life and with fine.
Triable byCourt of Session.
Person convicted of offence of trafficking of minor on more than one occasion.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for life which shall mean the remainder of that person’s natural life and with fine.
Triable byCourt of Session.
Public servant or a police officer involved in trafficking of minor.
CognizableCognizable
BailableNon-bailable
PunishmentImprisonment for life which shall mean the remainder of that person’s natural life and with fine.
Triable byCourt of Session.
For an offence under the BNS, check the First Schedule of the BNSS.
Judgments on s. 370 IPCBNS 143 on India Code Source: NCRB section table
Related sectionsBNS 143 · Trafficking of person.
IPC 369 · Kidnapping or abducting child under ten years with intent to steal from its personIPC 370A · Exploitation of a trafficked person

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