BNS Section 143 — Trafficking of person

Summary

Sub-section (1) defines the offence of trafficking. A person commits trafficking if they recruit, transport, harbour, transfer, or receive another person for the purpose of exploitation, and they do so by any of the following means: (a) using threats; (b) using force or any other form of coercion; (c) by abduction; (d) by practising fraud or deception; (e) by abuse of power; or (f) by inducement, including giving or receiving payments or benefits, in order to get the consent of any person who has control over the person being recruited, transported, harboured, transferred, or received.

Explanation 1 clarifies that the term exploitation includes any act of physical exploitation, any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary, or forced removal of organs.

Explanation 2 clarifies that the consent of the victim is irrelevant when determining whether the offence of trafficking has been committed.

Sub-section (2) sets the punishment for committing the offence of trafficking. The punishment is rigorous imprisonment for a term of not less than seven years, which may extend to ten years, and the offender is also liable to a fine.

Sub-section (3) deals with trafficking involving more than one person. In such a case, the punishment is rigorous imprisonment for a term of not less than ten years, which may extend to imprisonment for life, and the offender is also liable to a fine.

Sub-section (4) deals with trafficking of a child. The punishment is rigorous imprisonment for a term of not less than ten years, which may extend to imprisonment for life, and the offender is also liable to a fine.

Sub-section (5) deals with trafficking of more than one child. The punishment is rigorous imprisonment for a term of not less than fourteen years, which may extend to imprisonment for life, and the offender is also liable to a fine.

Sub-section (6) deals with a person convicted of trafficking of a child on more than one occasion. Such a person shall be punished with imprisonment for life, which means imprisonment for the remainder of that person's natural life, and shall also be liable to a fine.

Sub-section (7) deals with cases where a public servant or a police officer is involved in the trafficking of any person. Such a public servant or police officer shall be punished with imprisonment for life, which means imprisonment for the remainder of that person's natural life, and shall also be liable to a fine.

Official Text

(1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by—

(a) using threats; or

(b) using force, or any other form of coercion; or

(c) by abduction; or

(d) by practising fraud, or deception; or

(e) by abuse of power; or

(f) 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, beggary or 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 child, 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 child, 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 a child 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.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.522 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.80 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §370 — Trafficking of person