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BNS 2024ACTIVE FRAMEWORK
Section 146
Importing, Exporting, Removing, Buying, Selling or Disposing of a Person as a Slave
Replaces colonial-era: IPC 371
Non-BailableCognizable: CognizableCourt of Session
Reform Highlights
1
Renumbered from IPC 371 to BNS 146.
2
7-year maximum preserved.
3
Read with Section 143 (trafficking) for comprehensive forced labour prosecution.
THE STATUTE
The Clause
Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Legal Commentary
Section 146 is India's core constitutional-level provision against chattel slavery — the buying and selling of human beings as property. While formal chattel slavery has been abolished and is rare in contemporary India, this provision remains relevant for: forced labour markets where persons are literally sold between employers; domestic servitude networks where workers are traded; and international labour trafficking where Indian workers are sold to overseas employers. The provision covers the full transaction chain — importing, exporting, removing, buying, selling, disposing, accepting, receiving, or detaining — ensuring that every participant in a slavery transaction faces criminal liability. Read with Section 143 (trafficking), this provision addresses what international law calls 'forced labour' and 'debt bondage,' which remain persistent problems in brick kilns, agricultural estates, and informal industries.
Case Simulations
"A contractor who buys migrant workers from a recruiting agent and forces them to work without pay — Section 146."
"An operation that sells domestic workers to overseas employers without their genuine consent — Section 146."
Expert Insights
Bonded labour involves detention of a person against their will as effectively a slave — it falls squarely within Section 146's prohibition on accepting, receiving, or detaining a person as a slave. The Bonded Labour System (Abolition) Act 1976 provides additional statutory framework.