BACK TO SECTIONS
BNS 2024ACTIVE FRAMEWORK
Section 144
Exploitation of a Trafficked Person
Replaces colonial-era: IPC 370A
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 370A to BNS 144.
2
Same minimum sentences: 5 years for adult exploitation, 7 years for minor exploitation.
3
'Having reason to know' standard prevents wilful blindness defence.
THE STATUTE
The Clause
Whoever knowingly or having reason to know that a minor has been trafficked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than seven years but which may extend to life imprisonment, and shall also be liable to fine. Whoever knowingly or having reason to know that an adult has been trafficked, engages such adult 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 seven years, and shall also be liable to fine.
Legal Commentary
Section 144 targets the demand side of trafficking — those who knowingly engage or use a trafficked person for exploitation. While Section 143 criminalises the act of trafficking, Section 144 criminalises exploiting the product of trafficking. A client who visits a trafficked sex worker knowing she has been trafficked; an employer who knowingly hires a trafficked domestic servant; a factory owner who uses trafficked forced labour knowing the workers' circumstances — all are liable under Section 144. The higher penalty for exploitation of minors (minimum 7 years) versus adults (minimum 5 years) reflects the enhanced protection children receive across the BNS framework. 'Knowingly or having reason to know' is the mental element — wilful blindness does not provide a defence.
Case Simulations
"An employer who knowingly hires a trafficked domestic worker and forces her to work without pay — Section 144."
"A brothel owner who uses a trafficked minor for sexual exploitation — Section 144, minimum 7 years."
Expert Insights
Yes — if they knew or had reason to know the person was trafficked. 'Reason to know' includes circumstances where a reasonable person would have suspected trafficking.