IPC Section 370
Section 370 IPC – Trafficking of Persons
📜 Text of the Section:
"Whoever, for the purpose of exploiting a person —
(a) recruits, transports, transfers, harbours or receives such person; or
(b) disposes of or sells such person; or
(c) in any manner induces a person to enter into any country,
shall be punishable with rigorous imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life, and shall also be liable to fine."
🔍 Explanation:
1. What is Section 370 about?
Section 370 deals with human trafficking — specifically the illegal act of recruiting, transporting, or harboring a person with the intent to exploit them.
It aims to punish people who traffic others for exploitation which can include forced labor, sexual exploitation, slavery, or any other form of abuse.
2. Key Components of the Offence:
Actus Reus (the act):
Recruiting,
Transporting,
Transferring,
Harboring,
Receiving,
Disposing or selling,
Inducing a person to enter a country.
Mens Rea (the intent):
The purpose must be exploitation of the person.
3. Who is the ‘person’?
The ‘person’ here generally means a human being who is trafficked.
It applies regardless of age or gender.
Exploitation often includes:
Sexual exploitation (forced prostitution, etc.),
Forced labor or slavery,
Removal of organs,
Forced marriage,
Begging,
Or any other form of exploitation.
4. Punishment:
Rigorous imprisonment for not less than seven years (minimum),
Up to life imprisonment,
And fine.
⚖️ How is this different from Section 366 and 372 IPC?
Section 366 IPC deals specifically with kidnapping, abducting, or inducing a woman or girl for marriage or illicit intercourse.
Section 372 IPC deals with selling minor girls for prostitution.
Section 370 IPC is broader and specifically targets trafficking of persons for any kind of exploitation, including but not limited to prostitution.
💡 Example Scenario:
A person recruits a young woman from a village by promising her a job in the city.
The woman is transported to the city and forced into prostitution against her will.
The recruiter and transporter can be prosecuted under Section 370 IPC for trafficking.
📝 Summary Table
| Element | Description |
|---|---|
| Offence | Trafficking of persons for exploitation |
| Acts involved | Recruiting, transporting, harboring, selling, inducing to enter a country |
| Intent | Exploitation of the person |
| Punishment | Minimum 7 years rigorous imprisonment, up to life imprisonment + fine |
| Nature of offence | Cognizable, non-bailable, serious offence |
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