Section 141 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 141 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of importing minors into India with the intent or knowledge that they will be subjected to illicit intercourse.
๐ Text of Section 141
Section 141: Importation of girl or boy from foreign country
Whoever imports into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that the girl or boy may be, or knowing it to be likely that the girl or boy 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
โ๏ธ Comparison with Indian Penal Code (IPC)
Section 141 of the BNS, 2023, corresponds to Section 366B of the Indian Penal Code (IPC), 1860, which deals with the importation of girls from foreign countries for illicit purposes. The BNS expands the provision to include boys under the age of eighteen years, thereby broadening the scope of the offense. Both sections prescribe similar punishments, including imprisonment for up to ten years and a fine.
๐ Key Elements
Offense: Importing a minor (girl under 21 years or boy under 18 years) into India.
Intent or Knowledge: The importation must be with the intent or knowledge that the minor will be subjected to illicit intercourse.
Punishment: Imprisonment for up to ten years and a fine
๐ Purpose and Protection
The primary aim of Section 141 is to combat human trafficking and prevent the exploitation of minors. By criminalizing the importation of minors for illicit purposes, the law seeks to protect vulnerable individuals from sexual exploitation and abuse.
๐งพ Illustrative Example
If an individual brings a girl under the age of twenty-one from another country into India with the intent that she will be forced into illicit intercourse, the individual would be charged under Section 141 of the BNS, 2023, and may face imprisonment for up to ten years and a fine.
In summary, Section 141 of the BNS, 2023, serves as a legal safeguard against the trafficking and exploitation of minors, ensuring that individuals who engage in such activities are held accountable and face appropriate penalties.
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