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BNS Section 144: Exploitation of a trafficked person

Section 144 of the Bharatiya Nyaya Sanhita, 2023 deals with exploitation of a trafficked person. It replaces IPC 370A of the Indian Penal Code, 1860. Under the BNSS First Schedule, it depends on the sub-section: 144(1) is cognizable and non-bailable; 144(2) is cognizable and non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
144(1)Exploitation of a trafficked child.Rigorous imprisonment for not less than 5 years but which may extend to 10 years and fine.CognizableNon-bailableCourt of Session
144(2)Exploitation of a trafficked person.Rigorous imprisonment for not less than 3 years but which may extend to 7 years and fine.CognizableNon-bailableCourt of Session

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 144

144. (1) 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.

(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

IPC sections replaced

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