CrPC Section 370
Section 370 IPC – Trafficking of persons
Text of Section 370 IPC:
“Whoever, for the purpose of exploitation, recruits, transports, harbours, transfers, or receives a person or persons by using threats, force, coercion, abduction, fraud, deception, abuse of power, or by giving payments or benefits to gain the consent of a person having control over another person, commits human trafficking.”
Explanation in Detail:
Section 370 IPC criminalizes human trafficking, which involves the illegal recruitment, transportation, transfer, harboring, or receipt of persons through coercive or deceptive means for exploitation.
Key Elements of Section 370 IPC:
Acts Covered:
Recruiting
Transporting
Harbouring
Transferring
Receiving persons
Means Used:
Threats or use of force
Coercion or abduction
Fraud or deception
Abuse of power or position
Giving or receiving payments or benefits to gain control
Purpose:
Exploitation of the person trafficked.
Exploitation includes but is not limited to:
Forced labor
Sexual exploitation or prostitution
Slavery or practices similar to slavery
Removal of organs
Other forms of forced or bonded labor
Consent is irrelevant if obtained by the above means:
Even if the victim appears to consent, it’s not valid if obtained through fraud, coercion, or abuse of power.
Punishment under Section 370 IPC:
Imprisonment for a term which shall not be less than 7 years but may extend to 10 years.
Fine which shall not be less than 1 lakh rupees.
In some cases, especially aggravated forms (like trafficking of children), punishment may be higher under related provisions.
Why is Section 370 Important?
Protects vulnerable persons from exploitation.
Criminalizes trafficking as a serious offense.
Covers a broad range of activities and means of trafficking.
Recognizes that consent obtained by coercion or fraud is invalid.
Real-life Example:
A person is recruited under false promises of a good job abroad but is forced into bonded labor or prostitution — this is covered under Section 370.
Summary Table:
| Aspect | Details |
|---|---|
| Offence | Human trafficking |
| Acts Covered | Recruitment, transportation, harboring, transfer, receipt of persons |
| Means | Threat, force, coercion, abduction, fraud, abuse of power, payment for control |
| Purpose | Exploitation (forced labor, sexual exploitation, slavery, organ removal) |
| Punishment | 7 to 10 years imprisonment + fine (minimum 1 lakh) |
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