Introduction of Section 141 BNS
141 BNS addresses the crime of importing minors into India from other countries with the intent of exploiting them for illicit sexual activities. This section is designed to prevent the trafficking and sexual exploitation of minors by targeting individuals who bring girls under the age of 21 or boys under the age of 18 into the country with the aim of forcing them into illegal sexual acts. The law provides for stringent punishments to deter and penalize those involved in such criminal activities, reflecting the seriousness of the offense and the need to protect vulnerable individuals from exploitation.
The Bharatiya Nyaya Sanhita (BNS) Section 141 replaces the old Indian Penal Code (IPC) Section 366-B.
What is BNS Section 141?
BNS Section 141 deals with the crime of importing minors into India from foreign countries with the intent of exploiting them for illicit purposes. Specifically, it addresses situations where a person brings a girl under 21 or a boy under 18 into the country with the intent to force or seduce them into illicit sexual activities.
BNS 141 in Simple Points
BNS Section 141 criminalizes the importation of a girl under the age of 21 into India or the exportation of such a girl from India to a foreign country for the purpose of prostitution or any unlawful sexual purpose.
It ensures protection of young women from trafficking and sexual exploitation across borders.
(This provision corresponds to the repealed IPC Section 366B and has been modernized under the Bharatiya Nyaya Sanhita (BNS), 2023.)
1. Meaning of Section 141
BNS Section 141 deals with the import or export of a girl under 21 years of age for immoral purposes.
In simpler terms:
- If a person brings a girl under 21 years into India from abroad, or
- Takes or sends her out of India,
and the purpose is prostitution or any unlawful sexual activity,
then that person commits an offence under this section.
The section aims to punish not only traffickers within India but also those involved in cross-border sexual exploitation.
2. Purpose of Section 141
The purpose of this section is to:
- Combat human trafficking involving young girls.
- Protect women’s dignity and rights against sexual exploitation.
- Strengthen India’s stand against international trafficking networks.
- Close loopholes where offenders try to shift victims across borders to avoid detection.
- Uphold India’s commitment to international conventions on human rights and women’s protection.
3. Essential Ingredients of Section 141
For this section to apply, the following conditions must exist:
- The victim must be a girl under 21 years of age.
- The accused must have imported her into India, or exported her from India.
- The intention or purpose must be prostitution or any unlawful sexual purpose.
- The act of import/export must be voluntary on part of the offender (knowledge or intent is key).
- The offence applies regardless of the consent of the girl, since minors cannot legally consent.
4. Punishment under BNS Section 141
Punishment:
- Imprisonment up to 10 years, and
- Fine (amount as determined by the court).
This reflects the seriousness of the offence, aligning it with India’s zero-tolerance policy toward human trafficking.
Nature of Offence:
- Cognizable: Police can arrest without warrant.
- Non-bailable: Bail is not a right; it depends on the court’s discretion.
- Triable by: Court of Session (since it involves a grave sexual offence).
5. Examples of Section 141 in Action
- Cross-Border Trafficking:
A person arranges to bring girls from Nepal into India to work in brothels — punishable under Section 141. - Illegal Export for Exploitation:
An agent sends Indian girls under 21 to a Gulf country promising jobs but intending sexual exploitation — offence under this section. - False Marriage Proposal:
A trafficker pretends to marry a girl and takes her abroad for exploitation — falls under Section 141. - Intermediary Role:
Anyone arranging travel documents, tickets, or shelter for such trafficking also shares liability.
6. Importance of Section 141
BNS Section 141 is crucial for India’s legal and social framework as it:
- Protects vulnerable young girls from sexual slavery and exploitation.
- Strengthens border and immigration enforcement against trafficking.
- Supports international cooperation to prevent cross-border crimes against women.
- Ensures accountability for every person involved in trafficking — from recruiter to transporter.
- Reflects India’s moral and legal commitment to ending human trafficking.
Section 141 BNS Overview
BNS Section 141 defines a crime where a person brings a minor from a foreign country into India with the intent of exploiting them for illicit sexual purposes. The section aims to prevent and punish such exploitation.
BNS Section 141: 10 Key Points
- Scope of the Section:
- Section 141 covers the importation of minors into India from any foreign country. It focuses on girls under 21 and boys under 18 years of age.
- Purpose of Importation:
- The section targets individuals who import these minors with the intent of forcing them into illicit sexual activities or knowing that they are likely to be forced or seduced.
- Illicit Intercourse:
- The term “illicit intercourse” refers to sexual activities that are illegal and morally unacceptable, including prostitution or sexual exploitation.
- Punishment:
- Offenders can face imprisonment for up to ten years. They may also be required to pay a fine, depending on the severity of the offense.
- Court Jurisdiction:
- The offense is triable in the Court of Session, reflecting the seriousness of the crime.
- Cognizability:
- The offense is cognizable, which means that the police can arrest the accused without a warrant and start an investigation immediately.
- Bail Status:
- It is a non-bailable offense, meaning that those charged cannot easily get bail and must stay in custody until the court decides otherwise.
- Non-Compoundability:
- The offense is non-compoundable, which means it cannot be settled through an out-of-court agreement between the parties involved.
- Protection of Minors:
- The section aims to protect minors from being exploited and trafficked for sexual purposes, ensuring their safety and well-being.
- International Impact:
- By addressing the importation of minors from abroad, the section seeks to combat international trafficking and exploitation.
Examples
- Example 1:
- A person brings a 17-year-old girl from another country into India with the intent to force her into prostitution. Under Section 141, this individual can be punished with up to ten years of imprisonment and a fine.
- Example 2:
- An individual imports a 19-year-old girl from abroad, knowing she will be coerced into illegal sexual activities. This act is punishable under Section 141 with imprisonment and a fine, as the intent was to exploit the minor.
BNS 141 Punishment
Imprisonment: Offenders can be sentenced to imprisonment for up to ten years.
Fine: In addition to imprisonment, a fine can be imposed on the offender.
BNS 141 bailable or not ?
Non-Bailable: Offenses under Section 141 are non-bailable, which means that individuals charged under this section cannot easily be released on bail.
Comparison Table – BNS Section 141 vs IPC Provisions
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 141 | Covers the importation of minors (girls under 21 or boys under 18) from foreign countries into India for illicit sexual purposes or exploitation. | Imprisonment up to 10 years and fine. | Non-bailable (bail not easily granted) | Cognizable (police can arrest without warrant) | Court of Session |
| IPC Section 366B (Old) | Dealt with importing girls under 21 years from a foreign country into India for illicit intercourse; focused only on female minors. | Imprisonment up to 10 years and fine. | Non-bailable | Cognizable | Court of Session |
BNS Section 141 FAQs
What does BNS Section 141 cover?
BNS Section 141 addresses the importation of girls under 21 and boys under 18 into India from foreign countries with the intent to force or seduce them into illicit sexual activities.
What is the punishment for violating BNS Section 141?
The punishment includes imprisonment for up to ten years and a fine.
Is the offense under BNS Section 141 bailable?
No, it is non-bailable.
What court handles cases under BNS Section 141?
What court handles cases under BNS Section 141?
Is BNS Section 141 a cognizable offense?
Yes, it is a cognizable offense, allowing the police to arrest without a warrant.
Can the offense under BNS Section 141 be compounded?
No, the offense is non-compoundable, meaning it cannot be settled through an agreement between the parties involved.
Conclusion
BNS Section 141 represents a progressive step forward in strengthening India’s fight against child trafficking and sexual exploitation. Unlike the older IPC provision, which only focused on girls, this section also extends protection to boys, making it more inclusive and gender-sensitive. By imposing stringent punishments of up to 10 years imprisonment and fines, and by treating the offense as non-bailable and non-compoundable, the law ensures that offenders cannot easily escape accountability. Section 141 not only protects vulnerable minors within India but also addresses the international dimension of trafficking, making it an essential safeguard in today’s globalized world.
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Finished with BNS 141 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- 142 BNS : Wrongfully concealing or keeping in confinement, kidnapped or abducted person.
- https://marriagesolution.in/bns_section/142-bns/
- BNS Section 143: Trafficking of person.
- https://marriagesolution.in/bns_section/bns-section-143/
- Section 144 BNS : Habitual dealing in slaves.
- https://marriagesolution.in/bns_section/section-144-bns/
- BNS 145 : Habitual dealing in slaves.
- https://marriagesolution.in/bns_section/bns-145/
- BNS 146 : Unlawful compulsory labour.
- https://marriagesolution.in/bns_section/bns-146/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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