IPC Section 370 — Trafficking of persons

kidnapping, abduction, slavery and forced labour

Criminal

Summary

A person commits the offence of trafficking if they recruit, transport, harbour, transfer, or receive someone for the purpose of exploitation. This can be done through threats, force, coercion, abduction, fraud, deception, abuse of power, or by giving or receiving payments or benefits to get someone else’s consent over that person. Exploitation includes physical or sexual exploitation, slavery, servitude, or forced removal of organs, and the victim’s consent does not matter for this offence.

The punishment for trafficking is at least seven years and up to ten years of rigorous imprisonment, along with a fine. If more than one person is trafficked, the punishment is at least ten years and can be life imprisonment. Trafficking a minor carries at least ten years and up to life imprisonment, and trafficking more than one minor carries at least fourteen years and up to life imprisonment. If someone is convicted of trafficking a minor more than once, they face life imprisonment for the rest of their natural life. A public servant or police officer involved in trafficking any person also faces life imprisonment for the rest of their natural life.

Official Text

Whoever, for the purpose of exploitation,

(a) recruits,

(b) transports, ( c) harbours,

(d) transfers, or

(e) receives, a person or persons, by
using threats, or
using force, or any other form of coercion, or
by abduction, or
by practising fraud, or deception, or
by abuse of power, or
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 trafficking1. Explanations
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.
2. The consent of the victim is immaterial in determination of the offence of trafficking1.
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.
Where the offence involves the trafficking1 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.
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.
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.
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.
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.5 p.522 — Supreme Court of India (2025)
  • ... Petitioners vs 1.The Inspector of Police, — Madras High Court ()
  • SC (2025) Vol.1 p.1725 — Supreme Court of India (2025)
  • (in CRL OP(MD) No.14897 of 2018) vs THE STATE THROUGH, — Madras High Court ()
  • ... Petitioners vs The State of Tamil Nadu — Madras High Court (2017)
  • ...Petitioner in WP.24629/2014 vs 1.The Commissioner of Police — Madras High Court (2013)
  • S.C.R. 353 BACHPAN BACHAO ANDOLAN v. UNION OF INDIA & OTHERS — Supreme Court of India (2011)
  • SC (2024) Vol.2 p.111 — Supreme Court of India (2024)

Old <-> New Code Mapping