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Introduction of Section 144 BNS

BNS Section 144 deals with the exploitation of trafficked persons, particularly those who are trafficked for sexual exploitation. The section imposes strict punishment for those who knowingly engage in the exploitation of a trafficked individual, especially in cases involving children. This section aims to protect vulnerable people from being further abused after they have already been trafficked.


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



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.


Section 144 BNS : Sexual exploitation of trafficked persons
Penalties for exploiting trafficked individuals under BNS 144.

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.

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.

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.

BNS 144 Punishments for Exploitation
Imprisonment and fines for exploiting trafficked children and adults under BNS 144.

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.


Bharatiya Nyaya Sanhita Section 144

SectionOffenseImprisonmentFineBailable?Cognizable?Trial Court
BNS Section 144(1)Exploitation of a trafficked childRigorous imprisonment for 5-10 yearsYesNon-bailableCognizableCourt of Session
BNS Section 144(2)Exploitation of a trafficked adultRigorous imprisonment for 3-7 yearsYesNon-bailableCognizableCourt of Session
Bharatiya Nyaya Sanhita Section 144

BNS Section 144 FAQs

What is BNS Section 144 about?

What is the punishment for exploiting a trafficked child?

What is the punishment for exploiting a trafficked adult?

Is BNS 144 offense bailable?

No, BNS Section 144 is a non-bailable offense, meaning it is difficult for the accused to secure bail.

Is BNS Section 144 a cognizable offense?

Where are cases under BNS Section 144 tried?


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