Section 374 IPC: Unlawful compulsory labour

Indian Penal Code, 1860

Section 374 IPC at a Glance

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

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 ⓘ

BNS Equivalent

Section 146 →

Section 374 IPC Bare Act Text

374. 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.

Source: Section 374, Indian Penal Code, 1860

Section 374 IPC in Simple Words

Section 374 of the Indian Penal Code (IPC) punishes unlawfully compelling any person to labour against that person's will. The offence requires an act of unlawful compulsion forcing the victim to perform work without voluntary agreement.

The section prescribes imprisonment of either description for a term extending up to one year, or fine, or both. The offence is cognizable, bailable, and triable by any Magistrate.

Ingredients of Section 374 IPC

The accused compelled a person to labour
The compulsion to labour was unlawful
The labour was extracted against the will of that person

Punishment Under Section 374 IPC

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 374 IPC punishes unlawful compulsory labour with imprisonment of either description extending up to one year, or with fine, or with both. Prosecutions under this provision are cognizable, bailable, and triable by any Magistrate. The offence cannot be compounded under Section 320 CrPC.

Example of Section 374 IPC

In 2020, at a tea plantation in Kangra, estate manager Suraj ordered farmhand Govind to dig drainage trenches during a storm. Govind refused to work and prepared to return to his village. Without any lawful authority, Suraj seized Govind's bicycle and ordered two watchmen to beat him with sticks unless he finished digging the trenches. Fearing physical harm, Govind dug the trenches for four hours against his will. Because Suraj unlawfully compelled Govind to labour against his will, Suraj is punishable under Section 374 IPC.

When Section 374 IPC Does Not Apply

Section 374 IPC does not apply when a person performs work voluntarily under an agreement without being forced to work against their will.
Section 374 IPC does not apply where an employer merely fails to pay agreed wages or breaches a contract, provided the worker was not compelled to work against their will.
Section 374 IPC does not apply when compulsory work is required under lawful authority, such as rigorous imprisonment imposed by a court sentence.

Section 374 IPC in the BNS

Section 374 IPC is now covered under Section 146 BNS.

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 detailed comparison (IPC 374 vs BNS 146) →

FAQs on Section 374 IPC

What conduct does Section 374 IPC prohibit?▼

Section 374 IPC prohibits unlawfully compelling any person to perform labour against that person's will.

What constitutes unlawful compulsion under Section 374 IPC?▼

Section 374 IPC requires the compulsion to labour to be unlawful and against the will of the person compelled. The section does not define the term further.

Does a simple wage dispute fall under Section 374 IPC?▼

No; Section 374 IPC applies only where a person is unlawfully compelled to labour against the will of that person, and a wage dispute without such compulsion is not an offence under it.

What punishment is prescribed under Section 374 IPC?▼

Section 374 IPC prescribes imprisonment of either description for a term extending up to one year, or with fine, or with both.

Is an offence under Section 374 IPC bailable?▼

Yes; Section 374 IPC is classified as bailable under the First Schedule to the CrPC.

Is Section 374 IPC cognizable?▼

Yes; Section 374 IPC is a cognizable offence, allowing the police to register a case and investigate without a warrant.

Which court is competent to try offences under Section 374 IPC?▼

Offences under Section 374 IPC are triable by any Magistrate.

Can Section 374 IPC be compounded by the parties?▼

No; Section 374 IPC is not compoundable under Section 320 CrPC.

Which provision of the Bharatiya Nyaya Sanhita corresponds to Section 374 IPC?▼

Section 146 BNS corresponds to Section 374 IPC with identical wording and penalties.

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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: 17 Oct 2026 ·