Section 366B IPC: Importation of girl from foreign country

Indian Penal Code, 1860

Section 366B IPC at a Glance

Section 366B IPC deals with importation of girl from foreign country. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 141 BNS.

Punishment

Imprisonment of either description for a term extending up to ten years

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

Section 141 →

Section 366B IPC Bare Act Text

366B. Importation of girl from foreign country

Whoever imports into India from any country outside India or from the State of Jammu and Kashmir any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.

Source: Section 366B, Indian Penal Code, 1860

Section 366B IPC in Simple Words

Section 366B of the Indian Penal Code (IPC) punishes the importation of any female under twenty-one years of age into India from a foreign country or from the State of Jammu and Kashmir.

The offence is established when a person imports a young woman under twenty-one years of age with the intention or knowledge that she will be forced or seduced to illicit intercourse with another person.

Conviction under Section 366B IPC carries imprisonment of either description for a term extending up to ten years, and the offender is also liable to fine.

Ingredients of Section 366B IPC

  • Importing a female under twenty-one years of age into India
  • The importation is from any country outside India or from the State of Jammu and Kashmir
  • Existence of intent that she may be forced or seduced to illicit intercourse with another person
  • Or knowledge that she will likely be forced or seduced to illicit intercourse with another person

Punishment Under Section 366B IPC

Imprisonment

Imprisonment of either description for a term extending up to ten years

Fine

Liable to fine

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

Section 366B IPC punishes importing into India from any country outside India or from Jammu and Kashmir any girl under twenty-one years of age for illicit intercourse with imprisonment extending up to ten years, and the offender is also liable to fine. The offence is cognizable, non-bailable, and triable exclusively by the Court of Session. It is not compoundable.

Example of Section 366B IPC

In 2017, Harish arranged for twenty-year-old Lakshmi to travel from Dhaka to Kolkata, telling her family she would work as a nanny. Before the journey he had promised Bimal, a man in Kolkata, that Lakshmi would be handed over to him and made to have sexual intercourse with him. When Lakshmi arrived, Harish took her straight to Bimal's flat. Because Harish imported into India from a country outside India a girl under twenty-one years of age, intending that she be forced or seduced to illicit intercourse with another person, Harish is punishable under Section 366B IPC.

When Section 366B IPC Does Not Apply

  • Section 366B IPC does not apply if the girl was twenty-one years of age or older when she was brought into India.
  • It does not apply to moving a girl from one place to another within India, other than bringing her from the State of Jammu and Kashmir.
  • It does not apply where the girl was brought into India for work, study or travel, with no intent or knowledge that she would be forced or seduced to illicit intercourse.
  • It does not apply where the only intercourse intended was with the accused himself and not with another person.

Section 366B IPC in the BNS

Section 366B IPC is now covered under Section 141 BNS.

Section 366B IPC corresponds to Section 141 BNS, entitled Importation of girl or boy from foreign country. Two key substantive changes are introduced: first, the territorial carve-out referencing the State of Jammu and Kashmir is omitted; second, the scope is expanded to include any boy under eighteen years of age alongside any girl under twenty-one years of age. The prescribed penalty of imprisonment extending up to ten years and liability to fine continues without alteration.

View detailed comparison (IPC 366B vs BNS 141) →

FAQs on Section 366B IPC

What offence does Section 366B IPC punish?▼

Section 366B IPC punishes importing into India from outside the country any girl under twenty-one years of age with intent or knowledge that she will be forced or seduced to illicit intercourse.

What punishment does Section 366B IPC prescribe?▼

The section prescribes imprisonment of either description for a term extending up to ten years, and also liability to fine.

What is the age threshold under Section 366B IPC?▼

Section 366B IPC applies to girls under twenty-one years of age at the time of importation.

Is Section 366B IPC bailable?▼

No; Section 366B IPC is non-bailable under the First Schedule to the CrPC. Release on bail requires a formal application before the court.

Is an offence under Section 366B IPC cognizable?▼

Yes; Section 366B IPC is cognizable, enabling police officers to register a first information report and arrest without a warrant.

Which court conducts trials for Section 366B IPC?▼

Under the First Schedule to the CrPC, offences under Section 366B IPC are triable exclusively by the Court of Session.

Can an offence under Section 366B IPC be compounded?▼

No; Section 366B IPC is not compoundable under Section 320 CrPC.

Which section in the Bharatiya Nyaya Sanhita corresponds to Section 366B IPC?▼

It corresponds to Section 141 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·