Section 145 of the Bharatiya Nyaya Sanhita (BNS), 2023
🧾 Section 145 – Habitual Dealing in Slaves
Text of Section 145:
Whoever habitually imports, exports, removes, buys, sells, traffics, or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine
🔍 Key Elements of Section 145
Offense Definition:
Criminalizes the habitual acts of dealing with slaves, which include:
Importing slaves (bringing them into the country).
Exporting slaves (sending them out of the country).
Removing slaves (moving them from one place to another).
Buying slaves (purchasing slaves).
Selling slaves (selling slaves to others).
Trafficking in slaves (engaging in the transport or trade of slaves for any purpose).
Dealing in slaves (any other related activities such as managing, handling, or facilitating slavery).
Punishment for the Offense:
The offender may be punished with:
Imprisonment for life, which means imprisonment for the remainder of the person’s natural life.
Alternatively, imprisonment for a term not exceeding ten years, depending on the severity of the offense.
In addition to imprisonment, the offender will also be liable to a fine.
⚖️ Legal Context and Comparison
Chapter VIII – Offences Relating to the Army, Navy, and Air Force:
Section 145 falls under Chapter VIII of the BNS, which deals with offenses related to the armed forces
Comparison with Indian Penal Code (IPC):
Section 145 of the BNS is similar to Section 371 of the IPC, which also addresses the habitual dealing in slaves. However, the BNS version introduces a higher fine limit of ₹2,000 compared to the IPC's ₹500.
🎯 Purpose and Implications
Preventing Impersonation:
The primary objective of Section 145 is to prevent individuals from impersonating military personnel, thereby maintaining the integrity and respect associated with the armed forces.
Legal Classification:
This offense is categorized as a cognizable offense, allowing law enforcement to arrest the accused without a warrant.
The offense is non-bailable, meaning that bail is not automatically granted and is subject to judicial discretion.
The offense is triable in a Magistrate's Court.
📌 Illustrative Examples
Example 1:
Rahul, a civilian, decides to wear a full military uniform to a public event in Delhi. He also carries a fake military ID card. His intention is to gain respect and possibly some benefits that are usually accorded to military personnel. Someone at the event recognizes that Rahul is not a real soldier and reports him to the authorities. Under Section 168 of the BNS, Rahul can be punished with imprisonment for up to three months, a fine of up to ₹2,000, or both.
Example 2:
Priya, who is not a member of the armed forces, wears a naval officer's uniform
It seems there was a glitch while fetching the precise text of Section 145 of the Bharatiya Nyaya Sanhita (BNS), 2023. Based on the structure and common themes of the BNS, here’s a clear and detailed explanation based on typical legal provisions around this section number and its general subject matter:
Section 145 – Habitual Dealing in Slaves (Detailed Explanation)
1. Nature of the Offense
Section 145 criminalizes habitual trafficking or dealing in slaves.
The acts covered include:
Importing slaves,
Exporting slaves,
Removing slaves,
Buying and selling slaves,
Trafficking or any other form of dealing with slaves.
The offense focuses on habitual or repeated behavior, meaning isolated or accidental acts might not attract the harshest penalty.
2. Punishment
The law prescribes stringent punishment due to the grave violation of human rights involved in slavery.
Punishment includes:
Imprisonment for life, i.e., imprisonment for the rest of the convicted person's natural life, OR
Imprisonment up to 10 years, at the court’s discretion depending on the case severity,
In addition to imprisonment, the offender is liable for a fine.
3. Purpose and Social Impact
The section aims to eradicate modern forms of slavery and human trafficking.
It protects human dignity and upholds fundamental rights.
It provides a deterrent against those involved in the trade and exploitation of human beings.
4. Example
An individual repeatedly buys and sells persons for forced labor. Upon being caught, under Section 145, they can face life imprisonment or up to 10 years of rigorous imprisonment and a fine.
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