IPC 370 to BNS 143: Trafficking of person
Section 370 IPC (1860) replaced by Section 143 BNS (2023)
IPC 370 to BNS 143 at a Glance
Section 370 IPC (Trafficking of person) is now Section 143 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 370 to BNS 143?
Section 370 IPC corresponds to Section 143 BNS. The six statutory means previously styled First to Sixthly are re-lettered as clauses a to f. Explanation 1 adds beggary to the statutory definition of exploitation. The term minor is replaced by child in the aggravated provisions. The prescribed punishments across all tiers remain unchanged.
IPC 370 vs BNS 143: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 370 | 143 |
| Offence | Trafficking of person | Same |
| Punishment | Rigorous imprisonment of not less than seven years extending to ten years for basic trafficking, rising to imprisonment for natural life for aggravated tiers | Same |
| Fine | Liable to fine across all tiers | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session | Same |
IPC 370 and BNS 143: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 370, IPC 1860
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 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, or the 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 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.
BNS 2023 (in force)
Section 143, BNS 2023
(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.
Ingredients: IPC 370 vs BNS 143
Under IPC 370
- Recruiting, transporting, harbouring, transferring, or receiving a person or persons
- Acting for the purpose of exploitation, including physical or sexual exploitation, slavery, practices similar to slavery, servitude, or the forced removal of organs
- Using threats, force or coercion, abduction, fraud or deception, abuse of power, or inducement including payments or benefits to achieve the consent of any person having control over the person
Under BNS 143
- Acts of recruiting, transporting, harbouring, transferring, or receiving any person
- Purpose of exploitation, expressly including physical or sexual exploitation, slavery, servitude, beggary, or forced removal of organs under Section 143 BNS
- Use of threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement
- Application of graded penalties from rigorous imprisonment of seven years to imprisonment for the remainder of natural life and liability to fine under Section 143 BNS
What IPC 370 to BNS 143 Means for Pending Cases
For Section 370 IPC (now Section 143 BNS): under Section 143 BNS, beggary is expressly included in the definition of exploitation and child replaces minor. A charge for an act done after the BNS came into force cites Section 143 BNS and incorporates the updated statutory terms.
FAQs: IPC 370 to BNS 143
What changed between Section 370 IPC and Section 143 BNS?▼
Section 143 BNS restructures the six means of trafficking as clauses a to f, adds beggary to the definition of exploitation, and substitutes child for minor. The graded prison terms and liability to fine remain identical.
Where is Section 370 IPC located in the Bharatiya Nyaya Sanhita?▼
Section 370 IPC is codified as Section 143 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of kidnapping, abduction, slavery and forced labour.
Does Section 370 IPC or Section 143 BNS apply to an act done before 1 July 2024?▼
Section 370 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 370 IPC. Section 143 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·