Section 143 BNS: Trafficking of person

Bharatiya Nyaya Sanhita, 2023

Section 143 BNS at a Glance

Section 143 BNS deals with trafficking of person. It is non-bailable and cognizable; it replaced Section 370 IPC on 1 July 2024.

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

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ
IPC Equivalent

Section 370 →

Section 143 BNS Bare Act Text

(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.

Source: Section 143, Bharatiya Nyaya Sanhita, 2023

Section 143 BNS in the IPC (Previous Law)

Section 143 BNS replaced Section 370 IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 143 BNS

What does Section 143 BNS punish exactly?▼

It punishes the act of recruiting, transporting, harbouring, transferring, or receiving a person for exploitation through threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. The law covers not just the final exploitation, but also the movement and handling of the victim for that purpose.

Does Section 143 BNS apply only to sexual exploitation?▼

No. Explanation 1 clarifies that exploitation includes physical exploitation, sexual exploitation, slavery or practices similar to slavery, servitude, beggary, and forced removal of organs. Sexual exploitation is only one of the recognised purposes under the section.

Under Section 143 BNS, can someone be punished even if they did not physically move the victim?▼

Yes. A person who recruits, harbours, transfers, or receives a victim in the trafficking process can still be liable. Physical transport is not the only requirement.

Is Section 143 BNS currently in force?▼

Section 143 of the Bharatiya Nyaya Sanhita (BNS), 2023 is the current law in force governing human trafficking, and Explanation 2 expressly provides that the consent of the victim is immaterial in determining the offence.

What is trafficking under Section 143 of the Bharatiya Nyaya Sanhita?▼

Section 143 BNS says trafficking happens when a person is recruited, transported, harboured, transferred, or received for exploitation by using threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. The section says exploitation includes physical exploitation, sexual exploitation, slavery or similar practices, servitude, beggary, or forced removal of organs. The victim’s consent does not matter for deciding this offence.

What has to be proved for a trafficking case under Section 143(2) BNS?▼

The prosecution must show two main things from the text: there was recruitment, transport, harbouring, transfer, or receipt of a person, and it was done for exploitation using one of the listed means. Those means include threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. Under the section, consent of the victim is immaterial.

What is the punishment for human trafficking under Section 143(2) BNS?▼

For trafficking under Section 143(2) BNS, the punishment is rigorous imprisonment of not less than seven years and up to ten years, and the offender is also liable to fine. The punishment becomes higher if more than one person is trafficked, if a child below eighteen years is trafficked, if more than one child is trafficked, or if a public servant or police officer is involved. In some of those situations, the text provides imprisonment for life.

Under Section 143(2) BNS, what should I do if I am accused of trafficking or if I want to complain about trafficking?▼

If you are accused, get advice from a criminal lawyer immediately and keep all records, messages, travel details, and documents that may show what actually happened. If you want to complain, report the facts to the police as early as possible and preserve any evidence such as chats, call records, identity details, locations, and witness information. In either situation, the exact application of Section 143 BNS will depend on whether the acts, purpose of exploitation, and listed means can be shown.

What does Section 143(3) of the BNS mean in a trafficking case?▼

Section 143(3) BNS applies when the trafficking offence involves more than one person. In that situation, the punishment is rigorous imprisonment for not less than ten years, which may extend to imprisonment for life, and the offender is also liable to fine.

What has to be proved for trafficking under Section 143 BNS?▼

The prosecution must show that a person was recruited, transported, harboured, transferred, or received for the purpose of exploitation, and that this was done by threats, force or coercion, abduction, fraud or deception, abuse of power, or inducement such as payments or benefits. The section also says the victim's consent does not matter for deciding the offence.

What counts as exploitation under Section 143 BNS?▼

Under the text of Section 143 BNS, exploitation includes physical exploitation, sexual exploitation, slavery or similar practices, servitude, beggary, and forced removal of organs. This is an inclusive definition, so these are specifically covered examples.

What should I do if I am accused of trafficking more than one person under Section 143(3) BNS, or if I want to complain?▼

If you are accused, get advice from a criminal lawyer immediately and keep all documents, messages, travel records, and identity details that relate to the allegation. If you want to complain, report the facts to the police as early as possible and preserve any evidence showing recruitment, transport, harbouring, transfer, receipt, threats, coercion, deception, payments, or exploitation.

What is Section 143(4) of the Bharatiya Nyaya Sanhita about?▼

Section 143(4) BNS deals with trafficking of a child below 18 years for exploitation. It applies when a person recruits, transports, harbours, transfers or receives a child by threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. The law says the child’s consent does not matter for deciding this offence.

What has to be proved for child trafficking under Section 143(4) BNS?▼

The prosecution must show that the act was done for exploitation and that the victim was a child below 18 years. The section lists the acts as recruiting, transporting, harbouring, transferring or receiving, and it also requires one of the listed means like threats, force, abduction, fraud, deception, abuse of power or inducement. Exploitation includes physical exploitation, sexual exploitation, slavery, servitude, beggary, or forced removal of organs.

What is the punishment under Section 143(4) BNS?▼

Section 143(4) BNS prescribes rigorous imprisonment of not less than ten years, which may extend to imprisonment for life, and the offender is also liable to fine. This punishment applies where the trafficking involves a child below the age of eighteen years.

How is Section 143(4) BNS different from general trafficking under Section 143(2) BNS?▼

Section 143(2) BNS gives the punishment for trafficking generally, while Section 143(4) BNS applies specifically when the victim is a child below the age of eighteen years. For general trafficking, the punishment is rigorous imprisonment from seven to ten years and liability to fine. For child trafficking, the minimum punishment increases to ten years and it may extend to imprisonment for life, and the offender is also liable to fine.

What does Section 143(5) of the Bharatiya Nyaya Sanhita cover?▼

Section 143(5) BNS covers trafficking of more than one child below the age of eighteen years. It applies when a person recruits, transports, harbours, transfers, or receives more than one child for exploitation by threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. The law says the victim’s consent does not matter for deciding trafficking.

What has to be proved for a case under Section 143(5) BNS?▼

The prosecution must show that the act involved trafficking and that it concerned more than one child below eighteen years. The bare text says trafficking means recruiting, transporting, harbouring, transferring, or receiving a person for exploitation by one of the listed means such as threats, force, abduction, fraud, abuse of power, or inducement. Exploitation includes physical exploitation, sexual exploitation, slavery, servitude, beggary, or forced removal of organs.

What is the punishment for trafficking more than one child under Section 143(5) BNS?▼

The punishment is rigorous imprisonment for not less than fourteen years, which may extend to imprisonment for life, and the offender is also liable to fine. This punishment applies where the offence involves trafficking of more than one child below the age of eighteen years. The section expressly sets a higher minimum punishment for this situation.

How is Section 143(5) BNS different from ordinary trafficking under the same law?▼

Section 143(5) BNS is a more serious form because it deals specifically with trafficking of more than one child below eighteen years. Under Section 143(2) BNS, ordinary trafficking is punishable with rigorous imprisonment of not less than seven years and up to ten years, and the offender is also liable to fine. Section 143(5) raises this to a minimum of fourteen years and it may extend to imprisonment for life, and the offender is also liable to fine.

What is trafficking under Section 143 BNS?▼

Section 143 BNS says trafficking happens when a person is recruited, transported, harboured, transferred, or received for exploitation by threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. The section says exploitation includes physical exploitation, sexual exploitation, slavery or similar practices, servitude, beggary, and forced removal of organs. The victim’s consent does not matter for deciding this offence.

What has to be proved for an offence under Section 143(6) BNS?▼

For Section 143(6) BNS, there must be a conviction for trafficking of a child below eighteen years on more than one occasion. The bare text makes repeat conviction the key condition for this sub-section. It applies specifically to trafficking of a child below the age of eighteen years.

What is the punishment for repeat child trafficking under Section 143(6) BNS?▼

Section 143(6) BNS prescribes imprisonment for life for a person convicted of trafficking of a child below eighteen years on more than one occasion. The section clearly says this means imprisonment for the remainder of that person’s natural life. The person is also liable to fine.

How is Section 143(6) BNS different from ordinary trafficking punishment?▼

It is much stricter. Under Section 143(2) BNS, trafficking generally is punishable with rigorous imprisonment from seven years up to ten years and liability to fine, but Section 143(6) BNS applies when there is more than one conviction for trafficking of a child below eighteen years. In that situation, the punishment becomes imprisonment for life for the remainder of the person’s natural life, and the offender is also liable to fine.

What does Section 143(7) of the Bharatiya Nyaya Sanhita punish?▼

Section 143(7) BNS punishes trafficking where a public servant or police officer is involved in the trafficking of any person. The punishment given in the text is imprisonment for life, meaning imprisonment for the remainder of that person’s natural life, and the offender is also liable to fine.

What has to be shown for a case under Section 143(7) BNS?▼

It has to be shown that trafficking, as defined in Section 143 BNS, took place and that a public servant or police officer was involved in it. The definition covers recruiting, transporting, harbouring, transferring, or receiving a person for exploitation by threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement.

Does the victim's consent matter in a trafficking case under Section 143 BNS?▼

No. The bare text clearly says the consent of the victim is immaterial in determining the offence of trafficking.

How is Section 143(7) BNS different from the general trafficking punishment?▼

The general punishment for trafficking under Section 143(2) BNS is rigorous imprisonment of not less than seven years and up to ten years, and the offender is also liable to fine. But if a public servant or police officer is involved, Section 143(7) BNS prescribes imprisonment for life for the remainder of that person’s natural life, and the offender is also liable to fine.

Section 143 BNS: Sub-sections Explained

Section 143(1) BNS: Trafficking of person

▶

Bare Act Text

(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.

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.

Explained in Simple Words

Section 143 of the Bharatiya Nyaya Sanhita (BNS) deals with trafficking of persons. It covers acts such as recruitment, transport, harbouring, transfer, or receipt of a person by using threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. The law is aimed at those who traffic another person for physical or sexual exploitation, slavery or practices similar to slavery, servitude, beggary, or forced removal of organs, and the victim's consent is immaterial.

This provision applies not only to the person who directly moves the victim, but also to anyone involved in the chain of trafficking. That can include agents, middlemen, brothel operators, employers, and others who knowingly carry out any stage of the process. The section is significant because trafficking often happens through hidden networks, and the law recognises each step in the chain as punishable.

In practical terms, this section gives police and courts a strong basis to act against organised exploitation, with graded punishments where multiple persons, children, repeat child traffickers, or public servants and police officers are involved. It also helps victims by treating trafficking as a grave offence, not a private dispute or a simple employment issue.

Key Ingredients

  • 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

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment of not less than seven years extending to ten years for basic trafficking, rising to imprisonment for natural life for aggravated tiers

💰 Liable to fine across all tiers

Section 143 BNS prescribes graded punishments for trafficking. Basic trafficking under sub-section (2) carries rigorous imprisonment for seven to ten years and liability to fine. The sentence increases where multiple persons or children are trafficked, reaching imprisonment for the remainder of natural life for a repeat conviction for trafficking a child or where a public servant or police officer is involved in trafficking. Offences are cognizable, non-bailable, and triable by the Court of Session. They are not compoundable.

Real-World Example

In Ranchi, Sunil contacted twenty-year-old Deepak with a promise of employment at a textile unit in Surat. Sunil arranged and paid for Deepak transportation by train. Upon arrival, Deepak was taken to an isolated workshop where Sunil confiscated his identification documents and mobile phone. Deepak was compelled to labour sixteen hours each day without wages and was locked inside the facility under threat of violence whenever he attempted to leave. Because Sunil transported, harboured, and received Deepak for exploitation by means of deception and coercion, Sunil committed trafficking punishable under Section 143 BNS.

When This Does Not Apply

  • The person was not recruited, transported, harboured, transferred, or received by the accused
  • The actions were not carried out for the purpose of exploitation as defined in the statute
  • None of the statutory means including threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement were employed

Previous Law

IPC 370 → Section 143(1) BNS

Section 370 IPC corresponds to Section 143(1) 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.

Section 143(2) BNS: Trafficking of person

▶

Bare Act Text

(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.

Explained in Simple Words

Section 143(2) of the Bharatiya Nyaya Sanhita (BNS) sets out the punishment for any person who commits the offence of trafficking. Under Section 143(1) BNS, trafficking occurs when someone recruits, transports, harbours, transfers, or receives a person for the purpose of exploitation by using threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement to obtain the consent of someone who controls that person.

A person who commits trafficking under Section 143(2) BNS is punishable with rigorous imprisonment for a term of not less than seven years, which may extend to ten years, and is also liable to fine. This sub-section provides the baseline punishment for trafficking a single adult victim where none of the aggravated circumstances in the later sub-sections apply.

Two explanations in Section 143(1) BNS guide how this offence applies. First, exploitation includes physical exploitation, any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary, or the forced removal of organs. Second, the consent of the victim is immaterial in determining whether the offence of trafficking has been committed.

Key Ingredients

  • Recruits, transports, harbours, transfers or receives a person
  • Act is done for the purpose of exploitation
  • Use of threats, force, coercion, abduction, fraud, deception, abuse of power or inducement
  • Exploitation includes physical or sexual exploitation, slavery, servitude, beggary or forced removal of organs
  • Victim's consent is immaterial

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term not less than seven years, which may extend to ten years.

💰 Fine may be imposed in addition to imprisonment.

Committing the offence of trafficking is punishable with rigorous imprisonment from seven to ten years, and the offender is also liable to fine.

Real-World Example

At Varanasi Cantt railway station, Manoj told Bhavna that he could arrange a safe housekeeping job for her in another city. By this deception, he took her to a rented room on the outskirts of Varanasi run by Sanjay, who received her and kept her there. Their plan was to force Bhavna into sexual exploitation and take away all the money she earned. Even if Bhavna had agreed to travel, her consent does not matter here. The recruiting, transporting and receiving were done for exploitation by deception, so this is trafficking under Section 143(2) BNS.

When This Does Not Apply

  • A person gives an adult genuine job information and the adult freely travels for lawful work, with no exploitation and no threats, force, fraud or similar means
  • A family arranges travel and stay for a relative's medical treatment, with no purpose of exploitation
  • A person merely offers shelter to someone in distress, without any plan of exploitation and without using any prohibited means
  • A simple breach of an employment promise, without exploitation and without threats, coercion, abduction, fraud, deception, abuse of power or inducement to control the person

Section 143(3) BNS: Trafficking of person

▶

Bare Act Text

(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.

Explained in Simple Words

Section 143(3) of the Bharatiya Nyaya Sanhita (BNS) prescribes an enhanced punishment when the offence of trafficking involves more than one person. It applies to any offender who commits trafficking as defined in Section 143(1) BNS against two or more victims.

Under this sub-section, where the offence involves the trafficking of more than one person, the offender is punishable with rigorous imprisonment for a term of not less than ten years, which may extend to imprisonment for life, and is also liable to fine. This raises the minimum sentence from the seven-year minimum under Section 143(2) BNS for trafficking a single person.

To establish the underlying offence under Section 143(1) BNS, the persons must have been recruited, transported, harboured, transferred, or received for exploitation through threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. Exploitation includes physical or sexual exploitation, slavery or similar practices, servitude, beggary, or forced removal of organs, and the consent of the victims is immaterial.

Key Ingredients

  • Recruiting, transporting, harbouring, transferring, or receiving persons
  • The act is done for the purpose of exploitation
  • Use of threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement
  • For this sub-section, the trafficking involves more than one person
  • The victim's consent is immaterial

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term not less than ten years, which may extend to imprisonment for life.

💰 Fine may be imposed in addition to imprisonment.

Trafficking of more than one person is punishable with rigorous imprisonment from ten years to life, and the offender is also liable to fine.

Real-World Example

At Bhopal railway station, Anjali and Sunita lured Shalini and another village woman with false promises of hotel jobs. They arranged their travel, took both women to a rented room on the outskirts of Bhopal, seized their phones, and threatened them when they asked to go back. The plan was to force them into sexual exploitation and beggary. This falls within Section 143(3) BNS because more than one person was recruited, transported and harboured for exploitation through deception, threats and coercion. Even if the women initially agreed to travel, that consent does not matter in law.

When This Does Not Apply

  • Only one person is trafficked; that may fall under Section 143(2) BNS, but not this sub-section about more than one person
  • A person gives a genuine job offer and transport without threats, coercion, fraud, abuse of power, or exploitative purpose
  • Two adults voluntarily travel for work and are free to leave, with no exploitation involved
  • There is a kidnapping or abduction allegation, but no purpose of exploitation is shown

Section 143(4) BNS: Trafficking of person

▶

Bare Act Text

(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.

Explained in Simple Words

Section 143(4) of the Bharatiya Nyaya Sanhita (BNS) deals with the offence of trafficking when the victim is a child. It applies to anyone who commits trafficking under Section 143(1) BNS by recruiting, transporting, harbouring, transferring, or receiving a child for the purpose of exploitation through any of the prohibited means.

Where the offence involves the trafficking of a child, Section 143(4) BNS prescribes rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and the offender is also liable to fine. This imposes a higher minimum and maximum sentence than the general punishment for trafficking an adult under Section 143(2) BNS.

Under Section 143(1) BNS, the prohibited means are threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement including giving or receiving payments or benefits to obtain the consent of a person having control over the victim. Exploitation includes physical exploitation, sexual exploitation, slavery or similar practices, servitude, beggary, or forced removal of organs, and the victim's consent is immaterial.

Key Ingredients

  • Recruiting, transporting, harbouring, transferring or receiving a person
  • The act is done for the purpose of exploitation
  • Use of threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement
  • The victim is a child below eighteen years of age
  • The victim's consent is immaterial

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term not less than ten years, which may extend to imprisonment for life.

💰 Fine may be imposed in addition to imprisonment.

Trafficking of a child is punishable with rigorous imprisonment from ten years to life, and the offender is also liable to fine.

Real-World Example

Outside Coimbatore Junction, Aditya tells 16-year-old Divya's aunt Prakash that he will arrange safe work for Divya in another city. He gives Prakash money and takes Divya away. In truth, he transports her and keeps her in a rented room to force her into sexual exploitation and beggary. Divya says she went with him because she trusted him, but her consent does not matter. This falls under Section 143(4) BNS because a child below eighteen is recruited, transported and harboured for exploitation by inducement and deception.

When This Does Not Apply

  • A major voluntarily takes a genuine job and there is no exploitation and no threats, force, fraud, abuse of power or inducement
  • A child is moved by parents for schooling or family care, without any purpose of exploitation
  • There is a labour dispute or poor working conditions, but no recruiting, transporting, harbouring, transferring or receiving for exploitation by the listed means
  • A person is kidnapped or abducted, but there is no purpose of exploitation shown; other offences may apply instead

Section 143(5) BNS: Trafficking of person

▶

Bare Act Text

(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.

Explained in Simple Words

Section 143(5) of the Bharatiya Nyaya Sanhita (BNS) provides a severe punishment when the offence of trafficking involves more than one child. It applies to any person who commits trafficking as defined in Section 143(1) BNS where two or more victims are children.

Where the offence involves the trafficking of more than one child, Section 143(5) BNS states that it is punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and the offender is also liable to fine. This sets a higher minimum term than the ten-year minimum under Section 143(4) BNS for trafficking a single child.

For the offence to apply, the children must be recruited, transported, harboured, transferred, or received for exploitation by using threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. Under the explanations to Section 143(1) BNS, exploitation includes physical or sexual exploitation, slavery or similar practices, servitude, beggary, or forced removal of organs, and the consent of the victims is immaterial.

Key Ingredients

  • Recruitment, transport, harbouring, transfer or receipt of person or persons
  • Act done for the purpose of exploitation
  • Use of threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement
  • For sub-section (5), trafficking involves more than one child below eighteen years
  • Victim's consent is immaterial

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Rigorous imprisonment for a term not less than fourteen years, which may extend to imprisonment for life.

💰 Fine may be imposed in addition to imprisonment.

Trafficking of more than one child is punishable with rigorous imprisonment from fourteen years to life, and the offender is also liable to fine.

Real-World Example

At Guwahati railway station, Rakesh and Tarun targeted two 16-year-old boys from a nearby village and falsely promised them hotel jobs in Delhi. After taking them away, they confined the boys in a rented room on the outskirts of Guwahati and then handed them over to Farhan, who made them beg at busy traffic signals. The boys were recruited, transported, kept and received through deception and inducement, and the clear purpose was exploitation by forced begging. Since more than one child below eighteen was trafficked, these facts fall within Section 143(5) BNS.

When This Does Not Apply

  • A major voluntarily takes up a genuine job after truthful recruitment, with no exploitation and no threats, coercion, fraud or abuse of power
  • A child goes missing but there is no material of recruitment, transport, harbouring, transfer or receipt for exploitation
  • Two children are lawfully moved by parents or guardians for school or medical treatment, without any exploitative purpose
  • A person is abducted for ransom or personal revenge, without the purpose of exploitation under this section

Section 143(6) BNS: Trafficking of person

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Bare Act Text

(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.

Explained in Simple Words

Section 143(6) of the Bharatiya Nyaya Sanhita (BNS) deals with repeat offenders who are convicted of trafficking a child on more than one occasion. It applies to any person who has already been convicted of trafficking a child and is convicted again of committing the offence of trafficking against a child.

Under Section 143(6) BNS, a person convicted of the offence of trafficking of a child on more than one occasion shall be punished with imprisonment for life, which means imprisonment for the remainder of that person's natural life, and shall also be liable to fine. Unlike a first conviction for child trafficking under Section 143(4) BNS, which carries a minimum of ten years up to life imprisonment, a repeat conviction mandates life imprisonment for the rest of the offender's natural life.

The underlying offence of trafficking under Section 143(1) BNS requires recruiting, transporting, harbouring, transferring, or receiving a victim for exploitation by threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. Exploitation includes physical or sexual exploitation, slavery, servitude, beggary, or forced removal of organs, and the victim's consent is immaterial.

Key Ingredients

  • Recruiting, transporting, harbouring, transferring, or receiving a person
  • The act is done for the purpose of exploitation
  • Use of threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement
  • Exploitation includes physical or sexual exploitation, slavery, servitude, beggary, or forced removal of organs
  • For sub-section (6), the person has been convicted more than once for trafficking of a child below eighteen years

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, which means imprisonment for the remainder of the offender's natural life.

💰 Fine may be imposed in addition to imprisonment.

Conviction for trafficking a child on more than one occasion is punishable with imprisonment for the remainder of the offender's natural life, and the offender is also liable to fine.

Real-World Example

At Madurai Junction, Harpreet, who had previously been convicted of trafficking a child, told Swati that her 16-year-old niece Imran would get work in a hotel. Instead, Harpreet took Imran to a rented room on the outskirts of Madurai, confined Imran there, and arranged to send Imran to another city for forced begging. The case falls within Section 143(6) BNS because Harpreet recruited, harboured and transferred Imran by deception about the job, controlled Imran's movement, and did so for exploitation. Because Harpreet had earlier been convicted for trafficking a child and is convicted again for trafficking 16-year-old Imran, Section 143(6) BNS applies.

When This Does Not Apply

  • A major willingly takes up a genuine job and there is no exploitation and no threats, force, fraud, abuse of power, or inducement
  • A person gives shelter or transport to someone for safety or ordinary travel, without any purpose of exploitation
  • There is a labour dispute or poor working conditions, but no recruiting, transporting, harbouring, transferring, or receiving for exploitation by the listed means
  • There is only a single conviction for trafficking of a child below eighteen years; sub-section (6) does not apply

Section 143(7) BNS: Trafficking of person

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Bare Act Text

(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.

Explained in Simple Words

Section 143(7) of the Bharatiya Nyaya Sanhita (BNS) prescribes the punishment when a public servant or a police officer is involved in the trafficking of any person. It applies specifically to public servants and police officers who take part in an offence of trafficking under Section 143(1) BNS, regardless of whether the victim is an adult or a child.

Under this sub-section, such a public servant or police officer shall be punished with imprisonment for life, which means imprisonment for the remainder of that person's natural life, and shall also be liable to fine. This replaces the standard seven-to-ten-year prison term under Section 143(2) BNS with mandatory life imprisonment for the rest of the official's natural life.

Under Section 143(1) BNS, trafficking is committed by recruiting, transporting, harbouring, transferring, or receiving a person for exploitation using threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement. Exploitation includes physical or sexual exploitation, slavery or similar practices, servitude, beggary, or forced removal of organs, and the consent of the victim is immaterial.

Key Ingredients

  • Recruiting, transporting, harbouring, transferring, or receiving a person
  • The act is done for the purpose of exploitation
  • Use of threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement
  • A public servant or police officer is involved in the trafficking
  • Victim's consent is immaterial

Punishment

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Court of Session ⓘ

🔒 Imprisonment for life, which means imprisonment for the remainder of the offender's natural life.

💰 Fine may be imposed in addition to imprisonment.

Involvement of a public servant or a police officer in the trafficking of any person is punishable with imprisonment for the remainder of that person's natural life, and the offender is also liable to fine.

Real-World Example

After promising Priya a hotel job in Rajkot, Fatima took her from a nearby village to a rented room. Ritu, a police officer, used her official position to avoid local checking and arranged safe passage. Once there, Priya was confined in the room for sexual exploitation and was not allowed to leave. This falls within Section 143(7) BNS because Priya was recruited, transported and harboured for exploitation, and the acts involved deception and abuse of power by a police officer. Priya's consent to travel is legally irrelevant.

When This Does Not Apply

  • A person travels voluntarily for genuine work, with no exploitation and no threats, coercion, fraud, abuse of power, or inducement
  • A family gives shelter to an adult relative in Vijayawada without any purpose of exploitation
  • A false job promise is made, but the person is neither recruited, transported, harboured, transferred, nor received for exploitation
  • Wrongful confinement or kidnapping without the purpose of exploitation may fall under other provisions, not this section

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·