IPC Section 370A is now BNS 144: Exploitation of a trafficked person

Indian Penal Code, 1860 · applies to offences and proceedings before 1 July 2024

ChangedIPC 370A → BNS 144

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: The upper limit of imprisonment is increased from seven years to ten years, and for sub- section (2), from five years to seven years. “minor” is replaced by “child”.

Printed in both official correspondence tables (BPR&D and NCRB).

IPC 370A: Exploitation of a trafficked person

Before 1 July 2024

(1) Whoever, knowingly or having reason to believe that a minor has been trafficked, engages such minor 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 seven years, and shall also be liable to fine.

(2) Whoever, knowingly by 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 five years, and shall also be liable to fine.]

BNS 144: Exploitation of a trafficked person

From 1 July 2024

(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.

Everything BNS 144 replaced →

Which one applies

An offence is governed by the law in force when it was committed. An offence committed before 1 July 2024 is charged and punished under the IPC; one committed on or after that date, under the BNS. Section 358 of the BNS, which repeals the IPC, preserves every liability and proceeding already incurred under it.

Read BNS section 358 →

Judgments decided under IPC 370A

They remain the law on IPC 370A. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.