Section 370 IPC: Trafficking of person
Indian Penal Code, 1860
Section 370 IPC at a Glance
Section 370 IPC deals with trafficking of person. It is non-bailable and cognizable, triable by the Court of Session; from 1 July 2024 it is replaced by Section 143 BNS.
Rigorous imprisonment of not less than seven years extending to ten years for basic trafficking, rising to imprisonment for natural life for aggravated tiers
Section 370 IPC Bare Act Text
370. Trafficking of person
(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by—
First.—using threats, or
Secondly.—using force, or any other form of coercion, or
Thirdly.—by abduction, or
Fourthly.—by practising fraud, or deception, or
Fifthly.—by abuse of power, or
Sixthly.—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, or the 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 minor, 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 minor, 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 minor 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 370, Indian Penal Code, 1860
Amendment note: Substituted by the Criminal Law (Amendment) Act, 2013 (w.e.f. 3 February 2013). Section 370 now defines trafficking of a person. Before the amendment it dealt with buying or disposing of any person as a slave.
Section 370 IPC in Simple Words
Section 370 of the Indian Penal Code (IPC) defines and punishes the offence of trafficking of persons. It criminalises recruiting, transporting, harbouring, transferring, or receiving a person for exploitation through threats, force, coercion, abduction, fraud, deception, abuse of power, or inducement.
Exploitation includes physical or sexual exploitation, slavery, servitude, and forced removal of organs. The consent of the victim is immaterial.
Penalties range from rigorous imprisonment of seven to ten years for basic trafficking, up to imprisonment for the remainder of natural life for aggravated forms involving multiple persons or minors, a repeat conviction for trafficking a minor, or a public servant or police officer involved in trafficking. All offences are cognizable, non-bailable, and triable by the Court of Session.
Ingredients of Section 370 IPC
- Recruiting, transporting, harbouring, transferring, or receiving a person or persons
- Acting for the purpose of exploitation, including physical or sexual exploitation, slavery, practices similar to slavery, servitude, or the forced removal of organs
- Using threats, force or coercion, abduction, fraud or deception, abuse of power, or inducement including payments or benefits to achieve the consent of any person having control over the person
Punishment Under Section 370 IPC
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 370 IPC prescribes graded punishments for trafficking. Basic trafficking carries rigorous imprisonment for seven to ten years and liability to fine. The sentence increases where multiple persons or minors are trafficked, reaching imprisonment for the remainder of natural life for a repeat conviction for trafficking a minor 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.
Example of Section 370 IPC
When Section 370 IPC Does Not Apply
- Section 370 IPC does not apply when the accused did not recruit, transport, harbour, transfer, or receive any person.
- Section 370 IPC does not apply where the movement or hiring of a person took place for genuine, lawful work without any purpose of physical or sexual exploitation, slavery, servitude, or forced organ removal.
- Section 370 IPC does not apply if the accused used none of the six prohibited means of threats, force, coercion, abduction, fraud or deception, abuse of power, or inducement.
- A dispute over unpaid salary or poor working conditions does not attract Section 370 IPC unless the person was recruited, moved, or held through the listed coercive or deceptive means for exploitation.
Section 370 IPC in the BNS
Section 370 IPC is now covered under Section 143 BNS.
Section 370 IPC corresponds to Section 143 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.
View detailed comparison (IPC 370 vs BNS 143) →FAQs on Section 370 IPC
What does Section 370 IPC punish?▼
Section 370 IPC punishes trafficking of persons, defined as recruiting, transporting, harbouring, transferring, or receiving a person for exploitation through prohibited coercive, fraudulent, or deceptive means.
What acts constitute the physical conduct of trafficking under Section 370 IPC?▼
The physical conduct comprises recruiting, transporting, harbouring, transferring, or receiving any person or persons.
What means must be employed to establish trafficking under Section 370 IPC?▼
The prosecution must prove threats, force, any form of coercion, abduction, fraud, deception, abuse of power, or inducement such as payments or benefits to achieve the consent of any person having control over the person.
Does the consent of the victim negate an offence under Section 370 IPC?▼
No; Explanation 2 explicitly provides that the consent of the victim is immaterial in determining the commission of the offence of trafficking.
What forms of exploitation are covered under Section 370 IPC?▼
Under Explanation 1, exploitation includes physical exploitation, sexual exploitation, slavery, practices similar to slavery, servitude, or the forced removal of organs.
What is the punishment for basic trafficking under Section 370 IPC?▼
Basic trafficking under sub-section 2 carries rigorous imprisonment for not less than seven years extending up to ten years, and liability to fine.
Under Section 370 IPC, what enhanced penalties apply to trafficking of minors or multiple persons?▼
Trafficking more than one person or a minor carries rigorous imprisonment from ten years to life; trafficking multiple minors carries fourteen years to life; a person convicted more than once of trafficking a minor, and a public servant or police officer involved in trafficking any person, face imprisonment for the remainder of natural life.
Is Section 370 IPC bailable?▼
No; offences across all tiers under Section 370 IPC are non-bailable under the First Schedule to the CrPC.
Is an offence under Section 370 IPC cognizable?▼
Yes; Section 370 IPC offences in all sub-sections are cognizable.
Which court tries offences under Section 370 IPC?▼
All offences under Section 370 IPC are triable exclusively by the Court of Session.
Can an offence under Section 370 IPC be compounded?▼
No; Section 370 IPC is not compoundable under Section 320 CrPC.
Which section of the Bharatiya Nyaya Sanhita corresponds to Section 370 IPC?▼
The corresponding section in the Bharatiya Nyaya Sanhita is Section 143 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·