Indian Penal Code, 1860
Section 366B
repealedImportation of girl from foreign country
Whoever imports into India from any country outside India or from the State of Jammu and Kashmir any girl under the age of twenty-one years with intent that she may be, or knowing it to be likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.
Why this exists
This section targets cross-border and inter-territorial trafficking of young women into India for sexual exploitation, a specific concern given the transnational nature of such trafficking networks. It uses a wide age limit of twenty-one to give broader protection to young women. The Bharatiya Nyaya Sanhita, 2023 continues to criminalize the importation of girls for the purpose of illicit intercourse.
How courts read it
Courts have treated the act of importation itself, combined with the requisite knowledge or intent, as sufficient for conviction, without needing to prove that the sexual exploitation actually occurred afterward.