Section 144 BNS : Habitual dealing in slaves.

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Introduction of Section 144 BNS

Section 144 BNS focuses on protecting victims of human trafficking from further exploitation. It criminalizes the act of engaging a trafficked person—whether a child or adult—for sexual exploitation, imposing strict punishments. The law recognizes that trafficked individuals are already victims of a heinous crime and ensures they are not subjected to further abuse. The section provides harsher punishment for child victims (5–10 years) and serious penalties for adult victims (3–7 years), along with fines. This provision complements Section 143 (Trafficking) by targeting not just traffickers but also those who exploit trafficked victims.

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The Bharatiya Nyaya Sanhita (BNS) Section 144 replaces the old Indian Penal Code (IPC) Section 370-A.

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What is Section 144 of BNS ?

BNS Section 144 addresses the offense of exploiting a person who has been trafficked. It specifically focuses on sexual exploitation and punishes those who engage in such activities with trafficked individuals. The section differentiates between the exploitation of children and adults and sets distinct penalties for each.

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Under Section 144 of the bns act 2023

(1) Whoever, knowing or having reason to believe that a person is a trafficked child, engages such child for sexual exploitation, shall be punished with rigorous imprisonment for a term not less than 5 years, which may extend to 10 years, and shall also be liable to a fine.

(2) Whoever, knowing or having reason to believe that a person is a trafficked adult, engages such person for sexual exploitation, shall be punished with rigorous imprisonment for a term not less than 3 years, which may extend to 7 years, and shall also be liable to a fine.

Section 144 punishes those who exploit trafficked persons, especially for sexual exploitation.

• If the victim is a child, punishment is harsher → 5–10 years imprisonment + fine.
• If the victim is an adult, punishment is 3–7 years imprisonment + fine.
• The law applies if the offender knows or has reason to believe the person was trafficked.
• The offense is cognizable & non-bailable, meaning police can arrest without a warrant and bail is difficult.

Key Elements of Section 144

• Covers Trafficked Victims → Applies to both children and adults.
• Knowledge or Belief → Even suspicion that someone is trafficked is enough for liability.
• Child Exploitation (More Serious) → Minimum 5 years to 10 years imprisonment.
• Adult Exploitation → Minimum 3 years to 7 years imprisonment.
• Fine Imposed → Court also adds a financial penalty.
• Non-Bailable & Cognizable → Stronger enforcement, no easy bail.
• Tried by Court of Session → Heard in higher courts due to seriousness.

Examples of BNS Section 144

Example 1 (Child Victim):
A brothel owner keeps a 15-year-old girl, knowing she was trafficked, and forces her into prostitution.
Punishment: Section 144(1) applies → 5–10 years imprisonment + fine.

Example 2 (Adult Victim):
A nightclub owner exploits a 20-year-old trafficked woman for profit, despite knowing her background.
Punishment: Section 144(2) applies → 3–7 years imprisonment + fine.

Why Section 144 is Important

• Protects Trafficked Victims → Ensures they are not further exploited after rescue.
• Focus on Sexual Exploitation → Targets one of the most common and heinous forms of trafficking abuse.
• Children Get Stronger Protection → Recognizes children as especially vulnerable.
• Shifts Responsibility to Offenders → Even suspicion of trafficking makes offenders liable.
• Supports Anti-Trafficking Efforts → Works with Section 143 (Trafficking) to cover both traffickers and exploiters.
• Acts as Deterrent → Harsh punishments discourage people from engaging in exploitation.

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BNS 144 in Simple Points

BNS Section 144(1) – Exploitation of a Trafficked Child

This clause applies to cases where a child has been trafficked and is exploited for sexual purposes. Here are five key points:

1. Focus on Trafficked Children
   This sub-section specifically addresses the exploitation of children who have been trafficked. It covers situations where someone knowingly engages a trafficked child in sexual exploitation.
2. Knowledge or Reason to Believe
   The offender may be aware that the child was trafficked or may have reason to believe that the child was trafficked. Even in cases where direct knowledge is absent, acting on suspicion makes the person liable under the law.
3. Punishment Severity
   The punishment for engaging in the sexual exploitation of a trafficked child is rigorous imprisonment of not less than 5 years, which can extend to 10 years. This reflects the gravity of the crime against vulnerable children.
4. Fine Imposed
   Along with imprisonment, the offender is also liable to pay a fine, though the exact amount is determined by the court based on the circumstances of the case.
5. Non-Bailable and Cognizable
   This offense is non-bailable, meaning the accused cannot secure bail easily. It is also cognizable, which allows the police to arrest the offender without a warrant.

BNS Section 144(2) – Exploitation of a Trafficked Person (Adult)

This clause applies to situations where an adult trafficked person is exploited for sexual purposes. Here are five key points:

1. Exploitation of Trafficked Adults
   This sub-section targets individuals who knowingly engage in the sexual exploitation of adults who have been trafficked.
2. Knowledge or Suspicion of Trafficking
   Similar to sub-section (1), this clause applies if the offender knows or suspects that the person has been trafficked. Ignorance of trafficking is not a valid defense if there is reason to believe the person is a victim.
3. Lesser but Serious Punishment
   The punishment for engaging in the exploitation of a trafficked adult is rigorous imprisonment of not less than 3 years, which can extend to 7 years. This is a serious penalty, although slightly less than that for child exploitation.
4. Fine Imposed
   In addition to imprisonment, the offender is liable to a fine, with the amount determined by the court. This ensures that financial penalties accompany the prison sentence.
5. Non-Bailable and Cognizable
   Like child exploitation cases, this offense is also non-bailable and cognizable, meaning the police can arrest without a warrant and the court can refuse bail.

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Section 144 BNS Overview

BNS Section 144 focuses on the exploitation of trafficked persons. This section outlines the penalties for anyone who engages a trafficked individual—whether a child or an adult—for sexual exploitation. The punishment varies depending on whether the victim is a child or an adult, with harsher penalties for child exploitation.

BNS Section 144: Exploitation of a Trafficked Person – 10 Key Points

1. Definition of Exploitation
   BNS Section 144 defines exploitation specifically in the context of trafficked individuals. This includes engaging a person, knowing or having reason to believe that the individual has been trafficked, for sexual exploitation. This exploitation could involve various forms such as prostitution, forced sexual labor, or other forms of abuse.
2. Focus on Children and Adults
   The section distinguishes between child and adult victims of trafficking. A trafficked child is considered more vulnerable, so the punishment for their exploitation is harsher. Exploiting a trafficked adult also carries serious penalties, but the punishment is slightly less severe compared to child exploitation.
3. Knowledge or Reason to Believe
   A person can be charged under this section if they knowingly engage in the exploitation of a trafficked person or have reason to believe that the person has been trafficked. This means even if there is suspicion that someone was trafficked, acting on that belief by exploiting them makes the person criminally liable.
4. Severe Punishment for Child Exploitation
   If a child who has been trafficked is exploited for sexual purposes, the law mandates rigorous imprisonment of at least 5 years, which can extend to 10 years. The offender will also be liable to pay fines. The severity of the punishment reflects the vulnerability of children and the moral outrage associated with their exploitation.
5. Punishment for Adult Exploitation
   For the sexual exploitation of an adult trafficked person, the punishment is rigorous imprisonment of at least 3 years, which can extend to 7 years, along with fines. Although this punishment is slightly less severe than that for child exploitation, it is still quite stringent, highlighting the seriousness of trafficking offenses.
6. Cognizable Offense
   Offenses under Section 144 are cognizable, which means that the police can arrest the accused without a warrant. This empowers law enforcement to take immediate action to protect victims and prevent further harm.
7. Non-Bailable Offense
   BNS Section 144 is classified as a non-bailable offense. This means that securing bail is not a matter of right for the accused, and the court has the discretion to deny bail based on the severity of the crime. This reflects the gravity of human trafficking and exploitation crimes.
8. Court of Session Jurisdiction
   Cases involving BNS Section 144 are tried in the Court of Session, which handles serious criminal offenses. This ensures that the trial is conducted by a court that deals with complex and significant cases, giving the matter the attention it deserves.
9. Purpose of the Law
   The purpose of BNS Section 144 is to protect trafficked individuals, especially children, from further exploitation after they have been subjected to the trauma of trafficking. It aims to punish those who take advantage of trafficked persons and ensure that justice is served for the victims.
10. Emphasis on Preventing Further Harm
    By imposing severe penalties for the exploitation of trafficked individuals, BNS Section 144 serves as a deterrent to prevent others from engaging in such activities. The law emphasizes that even if someone is aware of the trafficking and still engages in exploitation, they will face strict consequences.

2 Examples of BNS Section 144 in Action

1. Example 1: Child Trafficking and Exploitation
   A trafficker brings a 14-year-old girl to a brothel, where she is forced into prostitution. The brothel owner is aware that the child was trafficked but continues to exploit her for sexual purposes. Under BNS Section 144, the brothel owner would face rigorous imprisonment of at least 5 years, which can extend to 10 years, along with fines. The offense is non-bailable, and the case would be tried in the Court of Session.
2. Example 2: Adult Trafficking and Exploitation
   A woman is trafficked from another country and forced into labor at a nightclub, where she is sexually exploited. The nightclub owner knows she was trafficked but continues to use her for profit. Under BNS Section 144, the owner would be punished with rigorous imprisonment of at least 3 years, which can extend to 7 years, along with fines. The case would be cognizable and non-bailable, meaning the police can arrest the owner without a warrant.

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BNS 144 Punishment

1. Child Exploitation Punishment: If a trafficked child is exploited, the punishment is a minimum of 5 years of rigorous imprisonment, which can extend to 10 years, along with fines.
2. Adult Exploitation Punishment: If a trafficked adult is exploited, the punishment is a minimum of 3 years of rigorous imprisonment, which can extend to 7 years, along with fines.

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BNS 144 bailable or not ?

BNS Section 144 is non-bailable, meaning that the accused cannot easily secure bail, and the court will carefully examine the circumstances before granting bail, if at all. This reflects the seriousness of the crime.

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Bharatiya Nyaya Sanhita Section 144

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Comparison Table – BNS Section 144 vs IPC (Old Provision: IPC Section 370A)

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BNS Section 144 FAQs

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Conclusion

BNS Section 144 is a vital provision in India’s fight against human trafficking and sexual exploitation. By punishing those who exploit trafficked persons—especially children—it ensures accountability for offenders and protection for victims. The law acknowledges the extreme vulnerability of trafficked persons and imposes strict non-bailable punishments to deter further exploitation. Together with Section 143, it forms a strong legal framework against trafficking, exploitation, and abuse, reinforcing India’s commitment to human rights and victim protection.

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