Section 146 BNS: Unlawful compulsory labour

Bharatiya Nyaya Sanhita, 2023

Section 146 BNS at a Glance

Section 146 BNS deals with unlawful compulsory labour. It is bailable and cognizable, triable by any Magistrate; it replaced Section 374 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to one year, or with fine, or with both

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 374 →

Section 146 BNS Bare Act Text

146. Unlawful compulsory labour

Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER VII OF OFFENCES AGAINST THE STATE

Source: Section 146, Bharatiya Nyaya Sanhita, 2023

Section 146 BNS in Simple Words

Section 146 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with forcing a person to work against their will. It applies when someone unlawfully compels another person to perform labour without free consent. The law is meant to stop coercion in work settings, including situations where force, threats, or illegal restraint are used to make a person work.

This section has practical value in cases involving bonded labour, forced work by employers, or compulsion by any person in control over the victim. The key issue is absence of free choice. If a person is made to work because of pressure, fear, or illegal detention, this provision may apply.

It protects personal liberty and the right to refuse labour. In practice, it is used to check abuse where labour is extracted by domination rather than agreement.

Ingredients of Section 146 BNS

  • Unlawfully compelling any person to labour
  • Extracting labour against the will of that person
  • Preservation of imprisonment of either description extending up to one year, or with fine, or with both under Section 146 BNS

Punishment Under Section 146 BNS

Imprisonment

Imprisonment of either description for a term which may extend to one year, or with fine, or with both

Fine

Fine, as an alternative to or together with imprisonment

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 146 BNS punishes unlawful compulsory labour with imprisonment of either description extending up to one year, or with fine, or with both.

Example of Section 146 BNS

At a brick kiln near Bilaspur, site supervisor Ramesh prevented labourer Mohan from leaving the premises at the end of his shift by locking the gates and threatening him with violence if he halted work. Mohan demanded to return home, but Ramesh compelled him to continue loading bricks through the night without his consent. Because Ramesh unlawfully compelled Mohan to perform physical work against his will, Ramesh committed the offence punishable under Section 146 BNS.

When Section 146 BNS Does Not Apply

  • The labour was performed willingly and voluntarily pursuant to an ordinary employment contract
  • The dispute concerns non-payment of wages or breach of service conditions without any compulsion to labour against the will of that person
  • The requirement to work was imposed pursuant to lawful authority or statutory duty

Section 146 BNS in the IPC (Previous Law)

Section 146 BNS replaces Section 374 IPC from the old criminal code.

Section 374 IPC corresponds to Section 146 BNS. The statutory text and heading remain identical across both codes. The prescribed punishment of imprisonment of either description extending up to one year, or with fine, or with both continues unchanged.

View IPC Section 374 →

FAQs on Section 146 BNS

Under Section 146 BNS, what does unlawful compulsory labour mean in simple words?▼

It means making someone work against their will without lawful authority. The person may be forced through threats, restraint, pressure, or abuse of power. Free consent is absent.

Does Section 146 BNS apply only to employers?▼

No. It can apply to any person who unlawfully forces another person to work. That said, employer-employee disputes usually need clear proof of coercion, not just a workplace disagreement.

Is the offence under Section 146 BNS bailable?▼

Yes, it is generally treated as a bailable offence. The accused can usually seek bail as a matter of right, subject to the court process.

What evidence is usually used to prove an offence under Section 146 BNS?▼

Medical records, witness statements, messages, CCTV footage, and proof of detention or threats can help. The court will look closely at whether the labour was truly forced and whether the victim had a real choice.

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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: 17 Oct 2026 ·