IPC 370A to BNS 144: Exploitation of a trafficked person
Section 370A IPC (1860) replaced by Section 144 BNS (2023)
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
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 370A | 144 |
| Offence | Exploitation of a trafficked person | Same |
| Punishment | Rigorous 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 person | Rigorous 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 |
| Fine | Liable to fine under both sub-sections | Same |
| Bail | Non-Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Court of Session | Same |
IPC 370A and BNS 144: Bare Act Text Side by Side
Section 370A, IPC 1860
Section 144, BNS 2023
Ingredients: IPC 370A vs BNS 144
- A person has been trafficked as defined under Section 370 IPC
- The accused knowingly or having reason to believe that the person has been trafficked engages such person for sexual exploitation in any manner
- Under the aggravated tier in sub-section 1, the trafficked person so engaged is a minor
- A person or child has been trafficked
- Knowledge or reason to believe that the person or child has been trafficked
- Engaging such person or child for sexual exploitation in any manner
- 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
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 ·