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Introduction of Section 146 BNS

BNS Section 146 deals with the unlawful compulsion of individuals to perform labor against their will. It criminalizes any act of forcing someone to work involuntarily and provides for penalties in the form of imprisonment, fines, or both. This section emphasizes the protection of an individual’s freedom to choose whether or not to work, safeguarding personal liberty and dignity.


The Bharatiya Nyaya Sanhita (BNS) Section 146 replaces the old Indian Penal Code (IPC) Section 374.



What is section 146 of BNS ?

BNS Section 146 addresses the issue of unlawful compulsory labor, making it a criminal offense to force someone to perform work against their will. The punishment includes imprisonment for up to one year, or a fine, or both. This law is designed to protect individuals from exploitation and ensure their freedom to choose whether or not to engage in labor.


BNS 146 punishes forced labor with fines
BNS 146 criminalizes compulsory labor with fines

BNS 146 in Simple Points

  1. Unlawful Compulsory Labor Prohibited:
    This section criminalizes the act of forcing someone to work against their will. Any form of labor that is imposed on a person without their consent is considered unlawful under BNS Section 146.
  2. Imprisonment as Punishment:
    A person found guilty of violating this section can be sentenced to imprisonment for up to one year. The severity of the punishment depends on the circumstances of the case.
  3. Monetary Fine:
    In addition to imprisonment, the court may impose a fine on the offender. The amount of the fine is determined by the court based on the specific case.
  4. Cognizable Offense:
    The offense is classified as cognizable, meaning that the police can arrest the accused without a warrant if there is sufficient evidence of unlawful compulsory labor.
  5. Bailable Offense:
    Although it is a serious offense, it is bailable, meaning that the accused has the right to apply for bail and may not necessarily be held in custody while awaiting trial.

Section 146 BNS Overview

BNS Section 146 deals with unlawful compulsory labor, making it illegal to force anyone to work against their will. This section is intended to protect individual freedom and dignity by ensuring that no one is subjected to labor without their consent. The law prescribes punishment in the form of imprisonment, a fine, or both, for anyone found guilty of forcing a person into labor unlawfully.

BNS Section 146: 10 Key Points in Detail

Applies to All Forms of Labor:
This section covers all forms of labor, whether physical or mental, ensuring that no person can be coerced into working in any capacity against their will.

Protection of Personal Liberty:
This section safeguards an individual’s personal liberty by prohibiting any form of forced labor. It ensures that no one can be made to work without their free and voluntary consent.

Imprisonment for the Offender:
Anyone found guilty of forcing another person to work against their will can face imprisonment for up to one year, depending on the seriousness of the offense and other circumstances.

Fine as an Additional Punishment:
Besides imprisonment, the court may impose a fine on the guilty party. This dual penalty system serves as a deterrent to those considering forcing others into labor.

Bailable Offense:
Since BNS Section 146 is a bailable offense, the accused can be released on bail during the legal proceedings, ensuring their liberty while the case is pending.

Cognizable Offense:
The offense is classified as cognizable, meaning the police can arrest the accused without the need for a court-issued warrant, ensuring swift action in cases of forced labor.

Non-Compoundable Offense:
The offense cannot be settled out of court. It must go through the judicial process, and no private settlement or compromise can override the legal proceedings.

Triable by Any Magistrate:
Cases under BNS Section 146 are triable by any magistrate, meaning the case can be handled in lower courts and does not require a higher court’s jurisdiction unless specified.

Consent is Essential:
The law places a strong emphasis on the consent of the individual. Any labor that is imposed without consent is deemed unlawful under this section.

Focus on Human Dignity:
BNS Section 146 highlights the importance of human dignity and autonomy, ensuring that no person is treated as a mere tool for labor against their will.

Examples of BNS Section 146

Example 1:
A farm owner threatens a worker with violence if they refuse to work for an extended period without pay. The worker, fearing harm, agrees to work against their will. Under BNS Section 146, the farm owner can be charged with unlawfully compelling the worker to labor and may face imprisonment for up to one year and a fine.

Example 2:
A construction company forces a group of laborers to continue working under harsh conditions without allowing them to leave, even though they have not been paid. The laborers were not given a choice and were forced into the work. The company can be held accountable under BNS Section 146 for engaging in unlawful compulsory labor and could face legal consequences, including imprisonment and fines.


BNS 146 Punishment

  1. Imprisonment:
    A person found guilty of forcing someone into unlawful labor can be sentenced to imprisonment for up to one year.
  2. Fine:
    In addition to imprisonment, the offender can also be subjected to a fine, or both imprisonment and a fine, depending on the severity of the case.

BNS Section 146 imposes fines, imprisonment for forced labor
BNS Section 146 penalties include up to one year in prison and fines for unlawful labor

BNS 146 bailable or not ?

Yes, BNS Section 146 is a bailable offense. This means that the accused can apply for bail and may be released from custody while awaiting the trial process.


Bharatiya Nyaya Sanhita Section 146

OffenseDefinitionPunishmentCognizable/BailableCourt
Unlawful compulsory laborForcing someone to work against their willImprisonment for up to 1 year, fine, or bothCognizable, BailableAny Magistrate
Bharatiya Nyaya Sanhita Section 146

BNS Section 146 FAQs

What does BNS Section 146 cover?

What is the punishment for unlawful compulsory labor?

Is unlawful compulsory labor a bailable offense?

Yes, it is a bailable offense, meaning the accused can be granted bail.

Can the police arrest without a warrant for this offense?

BNS 146 offense compoundable?

Which court handles cases under BNS Section 146?


Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.


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