BNS 142 — Wrongfully concealing or keeping in confinement, kidnapped or abducted person.

Bharatiya Nyaya Sanhita, 2023

Statutory text

142. Whoever, knowing that any person has been kidnapped or has
been  abducted,  wrongfully  conceals  or  confines  such  person,  shall  be
punished  in  the  same  manner  as  if  he  had  kidnapped  or  abducted  such
person with the same intention or knowledge, or for the same purpose as
that with or for which he conceals or detains such person in confinement.
Trafficking of person.
143.(1) Whoever, for the purpose of exploitation recruits, transports,
harbours, transfers, or receives a person or persons, by—
(a) using threats; or
(b) using force, or any other form of coercion; or
(c) by abduction; or
(d) by practising fraud, or deception; or
(e) by abuse of power; or
 (f)  by  inducement,  including  the  giving  or  receiving  of
payments or benefits, in order to achieve the consent of any person
having  control  over  the  person  recruited,  transported,  harboured,
transferred or received,
commits the offence of trafficking.
Explanation 1.—The expression “exploitation” shall include any act of
physical exploitation or any form of sexual exploitation, slavery or practices
similar to slavery, servitude, beggary or forced removal of organs.
Explanation 2.—The   consent   of   the   victim   is   immaterial   in
determination of the offence of trafficking.

(2) Whoever commits the offence of trafficking shall be punished with
rigorous imprisonment for a term which shall not be less than seven years,
but which may extend to ten years, and shall also be liable to fine.
(3)  Where  the  offence  involves  the  trafficking  of  more  than  one
person, it shall be punishable with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to imprisonment for
life, and shall also be liable to fine.
(4) Where the offence involves the trafficking of a child, it shall be
punishable with rigorous imprisonment for a term which shall not be less
than ten years, but which may extend to imprisonment for life, and shall
also be liable to fine.
(5) Where the offence involves the trafficking of more than one child,
it shall be punishable with rigorous imprisonment for a term which shall not
be less than fourteen years, but which may extend to imprisonment for life,
and shall also be liable to fine.
(6) If a person is convicted of the offence of trafficking of a child on
more  than  one  occasion,  then  such  person  shall  be  punished  with
imprisonment for life, which shall mean imprisonment for the remainder of
that person’s natural life, and shall also be liable to fine.
(7)  When  a  public  servant  or  a  police  officer  is  involved  in  the
trafficking of any person then, such public servant or police officer shall be
punished with imprisonment for life, which shall mean imprisonment for the
remainder of that person’s natural life, and shall also be liable to fine.
Exploitation of a trafficked person.
 144.(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.
Habitual dealing in slaves.

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