Section 370A IPC: Exploitation of a Trafficked Person
Section 370A of the Indian Penal Code, 1860 punished the sexual exploitation of a person known, or reasonably believed, to have been trafficked. It prescribed a higher minimum sentence where the trafficked person was a minor.
What Was Section 370A IPC?
Section 370A was inserted into the Indian Penal Code by the Criminal Law (Amendment) Act, 2013. The provision focused on the exploitation of a trafficked person. It operated alongside Section 370 IPC, which defined and punished trafficking of persons.
Section 370A contained two separate limbs. Sub-section (1) dealt specifically with a trafficked minor, while sub-section (2) dealt with a trafficked person generally.
Section 370A(1) IPC - Exploitation of a Trafficked Minor
Where a person, knowingly or having reason to believe that a minor had been trafficked, engaged that minor for sexual exploitation in any manner, Section 370A(1) prescribed punishment.
Punishment: Rigorous imprisonment for not less than five years, which could extend to seven years, and fine.
Section 370A(2) IPC - Exploitation of a Trafficked Person
Where a person, knowingly or having reason to believe that a person had been trafficked, engaged that person for sexual exploitation in any manner, Section 370A(2) applied.
Punishment: Rigorous imprisonment for not less than three years, which could extend to five years, and fine.
Essential Ingredients of Section 370A IPC
- The person engaged for sexual exploitation must have been trafficked.
- The accused must have known, or had reason to believe, that the person had been trafficked.
- The accused must have engaged that trafficked person for sexual exploitation in any manner.
- For the enhanced punishment under sub-section (1), the trafficked person must have been a minor.
Difference Between Section 370 and Section 370A IPC
| Provision | Principal subject |
|---|---|
| Section 370 IPC | Trafficking of persons for exploitation through the acts and means specified in that section. |
| Section 370A IPC | Engaging a person known, or reasonably believed, to have been trafficked for sexual exploitation. |
For the definition and punishments relating to trafficking itself, see the related article on Section 370 IPC - trafficking of person.
Pre-BNS CrPC Classification of Section 370A
Under the First Schedule to the Code of Criminal Procedure, 1973, both categories under Section 370A were cognizable, non-bailable and triable by the Court of Session.
| Offence | Punishment | Cognizable | Bail | Trial court |
|---|---|---|---|---|
| Exploitation of a trafficked minor | Rigorous imprisonment: 5 to 7 years, and fine | Yes | Non-bailable | Court of Session |
| Exploitation of a trafficked person | Rigorous imprisonment: 3 to 5 years, and fine | Yes | Non-bailable | Court of Session |
Frequently Asked Questions
What was Section 370A IPC?
It punished knowingly engaging, or engaging with reason to believe, a trafficked minor or trafficked person for sexual exploitation in any manner.
What was the minimum punishment where the trafficked person was a minor?
Section 370A(1) prescribed rigorous imprisonment of at least five years, extendable to seven years, and fine.
What was the punishment under Section 370A(2)?
It prescribed rigorous imprisonment of at least three years, extendable to five years, and fine.
Was Section 370A IPC cognizable?
Yes. Under the pre-BNS CrPC First Schedule, both limbs of Section 370A were cognizable.
Was Section 370A IPC bailable?
No. The offences were classified as non-bailable and triable by the Court of Session.
This article provides general information on the historical IPC legal position and is not a substitute for legal advice on the facts of a particular case.