BNS Section 144- Exploitation of a trafficked person | Bharatiya Nyaya Sanhita 2023
Hello readers! Today, we are going to break down Section 144 of the new Bharatiya Nyaya Sanhita (BNS) 2023. If you've been wondering what exactly this section covers and how it impacts our legal system, you're in the right place.
Bare Act Text
Exploitation of a trafficked person.—(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.
Procedural Details
Punishment
Imprisonment up to Ten Year(s) + Fine
Nature of Offense
Cognizable
Bail Eligibility
Non-bailable
Compoundability
Non-Compoundable (Refer to BNSS 359 for exceptions)
Trial Court
Court of Session
Frequently Asked Questions about BNS Section 144
What is Section 144 of the Bharatiya Nyaya Sanhita (BNS)?
According to the official bare act, this legal offense is defined as: Exploitation of a trafficked person.—(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.
What is the punishment under BNS Section144 ?
The punishment for this specific offense is outlined under the new law as: Imprisonment up to Ten Year(s) + Fine
Is BNS Section 144 bailable or non-bailable?
Under the new legal framework, this specific offense is classified as a Non-bailableoffense.
Is BNS Section 144 a cognizable offense?
The legal status regarding police arrest without a warrant is that this offense isCognizable.
Which court has the jurisdiction to try cases under BNS Section 144 ?
Cases pertaining to this specific BNS section are triable by the Court of Session.
Can BNS Section 144 be compromised (Compoundable)?
The compoundable nature of this offense, meaning whether the parties can settle it out of court, is classified as: Non-Compoundable (Refer to BNSS 359 for exceptions).
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