Bharatiya Nyaya Sanhita, 2023 — Section 144

Exploitation of a Trafficked Person

Section 144 punishes engaging a trafficked child, or a trafficked person of any age, for sexual exploitation, knowing or having reason to believe they have been trafficked — with a higher mandatory minimum sentence where the victim is a child.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

The National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) maps Section 144 to old IPC Section 370A ("Exploitation of a trafficked person"), flagged with a "(Change)" notation.

BNS section	IPC, 1860 equivalent	Category
144	370A	Substantively changed

Sourcing note: the local copy of the Indian Penal Code first consulted for this page predates the Criminal Law (Amendment) Act, 2013, which is where Section 370A was inserted — that copy's numbering runs straight from the pre-2013 Section 370 to Section 371, with no 370A at all. Section 370A's actual, current text was independently verified against two matching secondary reproductions of the amended Act and is the version compared here.

Comparing the texts: both sub-sections carry over the same operative offence — knowingly engaging a trafficked child, or trafficked person, for sexual exploitation — with the same mandatory minimum sentences. The maximum sentence increased in both sub-sections: old IPC Section 370A(1) capped imprisonment at seven years for a trafficked child, Section 144(1) at ten years; old Section 370A(2) capped imprisonment at five years for a trafficked person, Section 144(2) at seven years. The mandatory minimums (five years and three years respectively) are unchanged.

Quick Reference

Per the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023: sub-section (1) — rigorous imprisonment for not less than 5 years but which may extend to 10 years, and fine; sub-section (2) — rigorous imprisonment for not less than 3 years but which may extend to 7 years, and fine. Both cognizable, non-bailable, and triable by the Court of Session.

Statutory Text (Verbatim)

(1) Whoever, knowingly or having reason to believe that a child has been trafficked, engages such child 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 ten years, and shall also be liable to fine.

(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Item 1 — Sexual exploitation of a trafficked child

Explanation (Lexovia's Commentary)

This sub-section punishes an act separate from trafficking itself — a person who engages a child for sexual exploitation, knowing or having reason to believe that the child has been trafficked, faces a distinct and severe mandatory minimum sentence, independent of any liability the trafficker themselves faces under Section 143.

Illustration (Lexovia's Own Example)

A, having reason to believe that a fifteen-year-old has been trafficked into a particular establishment, engages that child for sexual exploitation. A is liable under sub-section (1) to a minimum of five years' rigorous imprisonment, regardless of A's own involvement (or lack of it) in the original trafficking.

Item 2 — Sexual exploitation of a trafficked person

Explanation (Lexovia's Commentary)

This sub-section mirrors sub-section (1) but applies where the trafficked victim is not a child — the mandatory minimum sentence is correspondingly lower (three years rather than five), as the section treats child victims and adult victims differently.

Illustration (Lexovia's Own Example)

A, knowing that an adult woman has been trafficked, engages her for sexual exploitation. A is liable under sub-section (2) to a minimum of three years' rigorous imprisonment.

Want legal research on any topic or drafting? Order Now →

Related / Cross-Referenced Sections

FAQs

Does a person have to know for certain that the victim was trafficked?

No. The section applies where the accused knows, or merely has reason to believe, that the person engaged for sexual exploitation has been trafficked — actual certainty is not required.

Is a person liable under this section if they were also the trafficker?

This section punishes the separate act of engaging a trafficked person for sexual exploitation. A person involved in both the original trafficking and its exploitation could potentially face liability under both this section and Section 143, depending on the facts.

Why is the minimum sentence higher where the victim is a child?

Sub-section (1) sets a higher mandatory minimum (five years) specifically for the sexual exploitation of a trafficked child, compared to the three-year minimum under sub-section (2) for an adult victim.