Whoever, knowingly or having reason to believe that a person has been trafficked, engages such a person for sexual exploitation in any form, shall be punished with rigorous imprisonment of not less than three years, which may extend to seven years, along with a fine. The Bharatiya Nyaya Sanhita (BNS), 2023 introduces major reforms in India’s criminal law framework. Section 144 means the legal provision aimed at penalizing the exploitation of trafficked individuals reflecting the country’s strong stance against human trafficking . The 144 Section meaning lies in its clear intent to protect vulnerable populations and impose strict consequences on offenders. This article explores the scope, interpretation and implications of Section 144 in depth. Explore other important Judiciary Notes.

Section 144 of BNS

Exploitation of a trafficked person

• "Whoever, knowingly or having reason to believe that a child below the age of eighteen years 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."
• "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."

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Free Download on Section 144 BNS PDF

Section 144 of Bhartiya Nyaya Sanhita criminalizes the act of engaging trafficked individuals in sexual exploitation. It distinguishes between victims who are minors (under 18 years) and adults prescribing stricter penalties for offenses involving minors . The provision stresses on the perpetrator's knowledge or reasonable belief regarding the trafficked status of the victim so that those who exploit trafficked persons cannot evade liability by feigning ignorance .

Section 144 of BNS Essential Elements

To establish an offense under Section 144 of BNS the following elements must be proven :

• Knowledge or Reason to Believe: The accused knew or had reason to believe that the individual was trafficked.
• Engagement in Sexual Exploitation: The accused engaged the trafficked individual in sexual exploitation.
• Age of the Victim: Differentiation is made between victims below 18 years and those above, with more severe penalties for offenses involving minors.

Section 144 of BNS Nature and Scope

Section 144 of Bharatiya Nyaya Sanhita (BNS), 2023 shows stringent stance of India against human trafficking and the exploitation of trafficked individuals . By imposing strict penalties especially for offenses against minors the law aims to deter potential offenders and give justice to victims . The broad language of the provision show various forms of sexual exploitation for comprehensive protection .

Comparison with New BNS Section and Old IPC Section

The table below compares Section 144 of Bharatiya Nyaya Sanhita (BNS), 2023 with its corresponding provision in the Indian Penal Code (IPC), 1860:

Note: The IPC section referenced corresponds to the provisions addressing exploitation of trafficked persons prior to the enactment of BNS.

Judicial bodies have consistently interpreted provisions related to the exploitation of trafficked individuals with a focus on victim protection and offender accountability . Courts have stressed that the knowledge or reasonable belief of the perpetrator about the trafficked status of the victim is crucial in establishing guilt. The interpretation sees that offenders cannot claim ignorance as a defense by strengthening the enforceability of the provision .

Section 144 of BNS Landmark Cases

While 144 Section meaning of Bharatiya Nyaya Sanhita (BNS), 2023 is a recent enactment and its principles align with earlier judicial decisions under the IPC. Notable cases include:

• Bachpan Bachao Andolan v. Union of India : The Supreme Court underscored the necessity for stringent measures against child trafficking and exploitation, leading to directives for better implementation of anti-trafficking laws.
• State v. Anil Kumar: The Delhi High Court held that engaging a trafficked minor in any form of sexual exploitation warrants the maximum prescribed punishment, emphasizing the judiciary's zero-tolerance stance on such offenses.

Section 144 of BNS Impact

The introduction of Section 144 of Bharatiya Nyaya Sanhita (BNS), 2023 shows a progressive step in legal structure of India to combat human trafficking and the subsequent exploitation of victims . By delineating clear penalties and emphasizing the importance of the perpetrator's awareness the provision aims to deter exploitation and provide strong legal recourse for victims . The differentiation in penalties based on the victim's age reflects a nuanced understanding of the varying degrees of vulnerability among trafficked individuals .

Conclusion

Section 144 of BNS embodies India's commitment to eradicating human trafficking and protecting its victims from further exploitation. Through stringent penalties and a focus on the perpetrator's knowledge, the provision seeks to create a formidable deterrent against such heinous crimes. As the legal landscape evolves, continuous judicial interpretation and proactive enforcement will be pivotal in realizing the objectives enshrined in this section.