Section 144 BNS: Exploitation of a trafficked person

Bharatiya Nyaya Sanhita, 2023

Section 144 BNS at a Glance

Section 144 BNS deals with exploitation of a trafficked person. It is non-bailable and cognizable; it replaced Section 370A IPC on 1 July 2024.

Punishment

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

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

Section 370A →

Section 144 BNS Bare Act Text

(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.

Source: Section 144, Bharatiya Nyaya Sanhita, 2023

Section 144 BNS in the IPC (Previous Law)

Section 144 BNS replaced Section 370A IPC from 1 July 2024.

Each sub-section below names its own source.

FAQs on Section 144 BNS

What does Section 144 of the Bharatiya Nyaya Sanhita cover?▼

Section 144 BNS covers sexual exploitation of a person who has been trafficked. It applies when someone knowingly, or having reason to believe, engages a trafficked person for sexual exploitation, and it has a stricter punishment when the trafficked person is a child below 18 years.

What must be proved under Section 144 BNS?▼

The text requires proof that the person was trafficked and that the accused knowingly, or had reason to believe, this fact. It also requires proof that the accused engaged that person for sexual exploitation in some manner.

Is Section 144 BNS bailable?▼

No. This is a non-bailable offence, so bail is not a matter of right. The accused must apply to the court, which decides in light of the facts, the seriousness of the allegations, and other relevant circumstances.

What is the punishment under Section 144 BNS for exploiting a trafficked person?▼

If the trafficked person is a child below 18 years, the punishment is rigorous imprisonment of not less than 5 years and up to 10 years, and the offender is also liable to fine. In other cases, the punishment is rigorous imprisonment of not less than 3 years and up to 7 years, and the offender is also liable to fine.

How is Section 144 BNS different when the victim is a child?▼

The section treats exploitation of a trafficked child below 18 years more seriously. For a child, the minimum sentence is 5 years and it can extend to 10 years, while for another trafficked person the minimum is 3 years and it can extend to 7 years.

What does Section 144(2) of the BNS cover?▼

Section 144(2) BNS covers engaging a trafficked person for sexual exploitation in any manner. It applies when the offender acts knowingly, or having reason to believe, that the person has been trafficked.

What has to be proved under Section 144(2) BNS?▼

The prosecution must show that the accused engaged the person for sexual exploitation and that the accused knew, or had reason to believe, that the person had been trafficked. The section is about exploitation of a trafficked person, not just trafficking by itself.

What is the punishment under Section 144(2) of the Bharatiya Nyaya Sanhita?▼

The punishment under Section 144(2) BNS is rigorous imprisonment for not less than three years and up to seven years, and the offender is also liable to fine. The bare text also separately gives a higher punishment under Section 144(1) BNS where the trafficked person is a child below eighteen years.

How is Section 144(2) different when the trafficked person is a child?▼

If the trafficked person is a child below eighteen years, Section 144(1) BNS applies instead of Section 144(2) BNS. In that situation, the punishment is rigorous imprisonment for not less than five years and up to ten years, and the offender is also liable to fine.

Section 144 BNS: Sub-sections Explained

Section 144(1) BNS: Exploitation of a trafficked person

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Bare Act Text

(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.

Explained in Simple Words

Section 144 of the Bharatiya Nyaya Sanhita (BNS) deals with the sexual exploitation of a trafficked person. It applies when anyone knowingly, or having reason to believe that a child or person has been trafficked, engages such child or person for sexual exploitation in any manner. The provision ensures that criminal liability extends beyond the traffickers themselves to those who knowingly exploit trafficked victims.

Under sub-section (1), where the trafficked victim is a child, the offence is punishable with rigorous imprisonment for a term not less than five years, which may extend to ten years, and liability to a fine. Under sub-section (2), where any other trafficked person is engaged for sexual exploitation, the offence is punishable with rigorous imprisonment for a term not less than three years, which may extend to seven years, and liability to a fine.

Key Ingredients

  • 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

Punishment

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

🔒 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

💰 Liable to fine under both sub-sections

Section 144 BNS punishes engaging a trafficked person for sexual exploitation. The sentence is rigorous imprisonment for five to ten years under sub-section (1) where a child is involved, and three to seven years under sub-section (2) where any other person is involved, with liability to fine in each case. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session. It is not compoundable.

Real-World Example

In a commercial guest house near Guntur, Naresh operated rooms where customers were provided access to young women for sexual purposes. Naresh engaged sixteen-year-old Rekha, whom he knew had been brought from West Bengal by a trafficking network through deception and coercion. Records seized from the premises showed that Naresh knew of Rekha's trafficked status and collected fees from third parties for engaging her for sexual exploitation. Because Naresh knowingly engaged a trafficked child for sexual exploitation, he committed the offence punishable under Section 144(1) BNS.

When This Does Not Apply

  • The person engaged had not in fact been trafficked
  • The accused had no knowledge or reason to believe that the person had been trafficked
  • The person was engaged for lawful employment or non-exploitative purposes
  • The engagement did not involve sexual exploitation in any manner

Previous Law

IPC 370A → Section 144(1) BNS

Section 370A IPC corresponds to Section 144(1) 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.

Section 144(2) BNS: Exploitation of a trafficked person

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Bare Act Text

(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.

Explained in Simple Words

Section 144(2) of the Bharatiya Nyaya Sanhita (BNS) punishes the sexual exploitation of a trafficked person. It applies to anyone who, knowing or having reason to believe that a person has been trafficked, engages that person for sexual exploitation in any manner.

An offender under Section 144(2) BNS 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. While Section 144(1) BNS deals specifically with engaging a trafficked child for sexual exploitation and carries a higher sentence of five to ten years, Section 144(2) BNS covers engaging any other trafficked person.

This provision targets the person who exploits the trafficked victim rather than the person who carried out the recruitment or transport under Section 143 BNS. The prosecution does not need to prove that the accused personally trafficked the victim, only that the victim had been trafficked and the accused engaged the victim for sexual exploitation while knowing or having reason to believe that fact.

Key Ingredients

  • The accused engaged a person for sexual exploitation
  • That person had been trafficked
  • The accused knew or had reason to believe the person had been trafficked

Punishment

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

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

💰 Fine may be imposed in addition to imprisonment.

Engaging a person for sexual exploitation while knowing or having reason to believe that the person has been trafficked is punishable with rigorous imprisonment from three to seven years, and the offender is also liable to fine.

Real-World Example

Late one evening near Rajkot Junction, Fatima introduced Priya to Ritu. Fatima told Ritu that Priya had been brought from another city, was being kept under others' control, could not leave, had no money, and had been brought there by force and deceit. Even after hearing all this, Ritu paid to use Priya for sexual exploitation. These facts show that Ritu engaged Priya for sexual exploitation despite knowing, or at least having reason to believe, that Priya had been trafficked. That conduct falls within Section 144(2) BNS.

When This Does Not Apply

  • The person was not trafficked at all
  • The accused had no knowledge and no reason to believe the person had been trafficked
  • The person was trafficked, but the accused did not engage that person for sexual exploitation
  • The conduct involves trafficking itself rather than engaging a trafficked person for sexual exploitation, which relates to Section 143 BNS

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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 ·