IPC Sections 367, 368, 369, 370 and 371: Kidnapping, Confinement, Trafficking and Slavery
Sections 367 to 371 of the Indian Penal Code, 1860 dealt with aggravated forms of kidnapping and abduction, concealment or confinement of kidnapped persons, kidnapping children to steal property from them, trafficking of persons and habitual dealing in slaves. This article explains these provisions as they stood immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.
Section 367 IPC - Kidnapping or Abducting to Subject Person to Grievous Hurt, Slavery, etc.
Meaning: Section 367 applied where a person kidnapped or abducted another in order that the victim might be subjected, or disposed of so as to be put in danger of being subjected, to grievous hurt, slavery or the other purpose specified in the section, or where the accused knew that such consequence was likely.
Essential ingredients
- There must be kidnapping or abduction of a person.
- The kidnapping or abduction must be accompanied by the particular purpose or knowledge required by Section 367.
- The contemplated consequence includes grievous hurt, slavery or another consequence expressly specified in the section.
Punishment: Imprisonment of either description for a term extending up to ten years, and fine.
Section 368 IPC - Wrongfully Concealing or Confining Kidnapped or Abducted Person
Meaning: Section 368 applied where a person, knowing that another person had been kidnapped or abducted, wrongfully concealed or confined that person. The punishment followed the same manner as if the offender had kidnapped or abducted the person with the same intention, knowledge or purpose for which the victim was concealed or detained.
Essential ingredients
- The victim must have been kidnapped or abducted.
- The accused must know of that kidnapping or abduction.
- The accused must wrongfully conceal or confine the victim.
- The punishment depends upon the intention, knowledge or purpose associated with the concealment or confinement, as provided by the section.
Section 369 IPC - Kidnapping or Abducting Child Under Ten Years to Steal from Its Person
Meaning: Section 369 applied where a person kidnapped or abducted a child under ten years of age intending dishonestly to take movable property from the person of that child.
Essential ingredients
- The victim must be a child under ten years of age.
- The child must be kidnapped or abducted.
- The accused must intend dishonestly to take movable property from the child's person.
Punishment: Imprisonment of either description extending up to seven years, and fine.
Section 370 IPC - Trafficking of Person
Section 370 was substantially substituted by the Criminal Law (Amendment) Act, 2013. It defined trafficking by combining specified acts, specified means and the purpose of exploitation.
Acts covered: recruiting, transporting, harbouring, transferring or receiving a person or persons.
Means covered: threats; force or another form of coercion; abduction; fraud or deception; abuse of power; or inducement, including giving or receiving payments or benefits to obtain the consent of a person having control over the person recruited, transported, harboured, transferred or received.
Purpose: exploitation.
Meaning of exploitation under Section 370
The statutory explanation included physical exploitation, any form of sexual exploitation, slavery or practices similar to slavery, servitude and forced removal of organs.
Consent of victim: The section expressly provided that the victim's consent was immaterial in determining the offence of trafficking.
Punishments under Section 370 IPC
| Situation | Punishment |
|---|---|
| Trafficking of a person | Rigorous imprisonment of not less than 7 years, extending up to 10 years, and fine |
| Trafficking of more than one person | Rigorous imprisonment of not less than 10 years, extending to imprisonment for life, and fine |
| Trafficking of a minor | Rigorous imprisonment of not less than 10 years, extending to imprisonment for life, and fine |
| Trafficking of more than one minor | Rigorous imprisonment of not less than 14 years, extending to imprisonment for life, and fine |
| Repeated conviction for trafficking of a minor | Imprisonment for life, meaning the remainder of the person's natural life, and fine |
| Public servant or police officer involved in trafficking of any person | Imprisonment for life, meaning the remainder of the person's natural life, and fine |
Section 371 IPC - Habitual Dealing in Slaves
Meaning: Section 371 applied to a person who habitually imported, exported, removed, bought, sold, trafficked or dealt in slaves.
Punishment: Imprisonment for life, or imprisonment of either description for a term not exceeding ten years, and fine.
Pre-BNS CrPC Classification
Under the First Schedule to the Code of Criminal Procedure, 1973, the procedural classification varied by provision and, in the case of Section 368, by the underlying kidnapping or abduction offence.
| IPC Section | Cognizable | Bail | Court ordinarily specified in First Schedule |
|---|---|---|---|
| 367 | Yes | Non-bailable | Court of Session |
| 368 | Yes | Non-bailable | Court by which the underlying kidnapping or abduction is triable |
| 369 | Yes | Non-bailable | Magistrate of the First Class |
| 370 | Yes | Non-bailable | Court of Session |
| 371 | Yes | Non-bailable | Court of Session |
Related IPC Provisions
For the underlying concepts, see Sections 359, 363 and 363A IPC on kidnapping and Sections 360, 361 and 362 IPC on kidnapping and abduction. Related aggravated kidnapping provisions appear in Sections 364, 364A and 365 IPC.
Frequently Asked Questions
What was the punishment under Section 367 IPC?
Section 367 prescribed imprisonment of either description extending up to ten years and fine.
What knowledge was required under Section 368 IPC?
The provision required knowledge that the person being wrongfully concealed or confined had been kidnapped or abducted.
What age applied under Section 369 IPC?
The victim had to be a child under ten years of age.
What did exploitation mean under Section 370 IPC?
The statutory explanation included physical exploitation, sexual exploitation, slavery or similar practices, servitude and forced removal of organs.
Was victim consent a defence to trafficking under Section 370?
Section 370 expressly stated that the victim's consent was immaterial in determining the offence of trafficking.
What was Section 371 IPC?
It punished habitual importing, exporting, removing, buying, selling, trafficking or dealing in slaves.
This article provides general information about the historical IPC legal position and does not replace legal advice on the facts of a particular case.