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 Section 370A in BNS: Section 144
Exploitation of a trafficked person
Section 370A of the Indian Penal Code, 1860 (Exploitation of a trafficked person) corresponds to Section 144 of the Bharatiya Nyaya Sanhita, 2023, in force from 1 July 2024. Under the BNSS First Schedule, BNS 144(1) is cognizable, non-bailable, triable by Court of Session; punishment: Rigorous imprisonment for not less than 5 years but which may extend to 10 years and fine.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable 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. | Cognizable | Non-bailable | Court 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. | Cognizable | Non-bailable | Court of Session |
Source: BNSS, 2023, First Schedule, Part I.
The BNS applies to offences committed on or after 1 July 2024. Offences committed earlier are charged and tried under the IPC.
Text of BNS Section 144
Full BNS Section 144 and every IPC section it replaced →
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