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IPC 370A vs BNS 370A

● Retained in BNS
Indian Penal Code, 1860 § IPC 370A

Exploitation of trafficked persons


Section 370A of the Indian Penal Code, 1860, focuses on the exploitation of persons who have been trafficked. It criminalizes actions that involve forcing or coercing trafficked persons into prostitution, forced labor, slavery, or organ removal. Unlike IPC 370, which targets trafficking itself, IPC 370A addresses the continued exploitation of victims after trafficking has occurred.

Key points:

  • Applies to trafficked persons of any age or gender.

  • Exploitation includes sexual, labor, or organ-related purposes.

  • Punishment: Rigorous imprisonment up to 10 years and fine, and in severe cases, imprisonment for life.

For example, if trafficked individuals are compelled to work in forced labor or sexual exploitation after being trafficked, the perpetrators are liable under IPC 370A. The provision ensures that victims are protected and offenders face strict penalties even post-trafficking.

VS
Bharatiya Nyaya Sanhita, 2023 § BNS 370A

Exploitation of trafficked persons


Section 370A of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 370A. It punishes any person who exploits trafficked victims through forced labor, sexual exploitation, slavery, or removal of organs.

Key points:

  • Applies to all trafficked persons regardless of age or gender.

  • Covers continued exploitation after trafficking.

  • Punishment remains rigorous imprisonment up to 10 years or life, and fine.

For instance, forcing trafficked children or adults into sexual or labor exploitation after abduction falls under BNS 370A. This provision continues to strengthen victim protection and ensures that perpetrators face severe consequences even after the initial act of trafficking.

What changed?

This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 370A to BNS BNS 370A.