IPC 370A→BNS 144

IPC 370A to BNS 144: Exploitation of a trafficked person

Section 370A IPC (1860) replaced by Section 144 BNS (2023)

View IPC Section 370A →View BNS Section 144 →

IPC 370A to BNS 144 at a Glance

Section 370A IPC (Exploitation of a trafficked person) is now Section 144 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 370A to BNS 144?

Section 370A IPC corresponds to Section 144 BNS. In sub-section 1, the term minor is replaced by child, and the maximum punishment is raised from seven years to ten years. In sub-section 2, the maximum punishment is raised from five years to seven years. The minimum sentences of five years and three years remain unchanged. Sub-section 2 also removes the typographical word by that appeared in the IPC text.

IPC 370A vs BNS 144: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section370A144
OffenceExploitation of a trafficked personSame
PunishmentRigorous imprisonment of not less than five years extending up to seven years for engaging a trafficked minor; not less than three years extending up to five years for engaging any trafficked personRigorous imprisonment of not less than five years extending up to ten years for engaging a trafficked child; not less than three years extending up to seven years for engaging any trafficked person
FineLiable to fine under both sub-sectionsSame
BailNon-BailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByCourt of SessionSame

IPC 370A and BNS 144: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 370A, IPC 1860

370A. Exploitation of a trafficked person.—(1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor 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 seven years, and shall also be liable to fine. (2) Whoever, knowingly by 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 five years, and shall also be liable to fine.
BNS 2023 (in force)

Section 144, BNS 2023

(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.

Ingredients: IPC 370A vs BNS 144

Under IPC 370A
  1. A person has been trafficked as defined under Section 370 IPC
  2. The accused knowingly or having reason to believe that the person has been trafficked engages such person for sexual exploitation in any manner
  3. Under the aggravated tier in sub-section 1, the trafficked person so engaged is a minor
Under BNS 144
  1. A person or child has been trafficked
  2. Knowledge or reason to believe that the person or child has been trafficked
  3. Engaging such person or child for sexual exploitation in any manner
  4. Rigorous imprisonment of five to ten years for a child, or three to seven years for another person, and liability to fine under Section 144 BNS

What IPC 370A to BNS 144 Means for Pending Cases

For Section 370A IPC (now Section 144 BNS): under Section 144 BNS, the maximum punishment rises to ten years for a child and to seven years for an adult, and child replaces minor. A charge for an act done after the BNS came into force cites Section 144 BNS.

FAQs: IPC 370A to BNS 144

What changed between Section 370A IPC and Section 144 BNS?▼

Section 144 BNS increases both maximum sentences: from seven to ten years where a child is exploited, and from five to seven years where an adult is exploited. The word minor is replaced by child, and minimum terms of five and three years are preserved.

Where is Section 370A IPC located in the Bharatiya Nyaya Sanhita?▼

Section 370A IPC is codified as Section 144 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of kidnapping, abduction, slavery and forced labour.

Does Section 370A IPC or Section 144 BNS apply to an act done before 1 July 2024?▼

Section 370A 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 370A IPC. Section 144 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 ·