Bharatiya Nyaya Sanhita, 2023
Section 144
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.
Why this exists
This section is part of India's modern criminal code (Bharatiya Nyaya Sanhita, 2023) which replaced the Indian Penal Code. It targets the demand side of human trafficking — the people who exploit trafficked victims sexually — separately from those who actually traffic them. It reflects India's international commitments under the UN Trafficking Protocol (Palermo Protocol) and domestic anti-trafficking efforts, recognizing that trafficking survives because there are people willing to exploit victims, especially children, for sexual purposes.
Common misconceptions
- Myth: Only the trafficker who moves or sells the victim can be punished.
Fact: This section punishes anyone who exploits a trafficked person sexually, even if they didn't traffic the person themselves, as long as they knew or had reason to believe the person was trafficked. - Myth: The punishment is the same whether the victim is a child or an adult.
Fact: The law prescribes stricter minimum and maximum punishment (5–10 years) for exploiting a trafficked child compared to an adult (3–7 years).