Bharatiya Nyaya Sanhita, 2023

Section 141 BNS: Importation of Girl or Boy from Foreign Country

Section 141 of the Bharatiya Nyaya Sanhita, 2023 deals with bringing a specified young person into India from a country outside India with the required intention, or knowledge of likelihood, that the person will be forced or seduced to illicit intercourse with another person.

Text of Section 141 BNS

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 girl or boy may be, or knowing it to be likely that 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.

Meaning and essential ingredients

For Section 141 to apply, the allegation must involve importation into India from a place outside India. The person imported must be a girl below twenty-one years of age or a boy below eighteen years of age. The provision further requires a particular mental element: the importation must be done either with the intent that the girl or boy may be forced or seduced to illicit intercourse with another person, or with knowledge that such a result is likely.

The offence therefore focuses not merely on cross-border movement, but on cross-border importation accompanied by the intention or knowledge described in the section.

Punishment and procedural classification

ProvisionSection 141, Bharatiya Nyaya Sanhita, 2023
Maximum punishmentImprisonment which may extend to ten years and fine
CognizableYes
BailableNo. The offence is non-bailable.
Triable byCourt of Session

When did Section 141 BNS come into force?

The Bharatiya Nyaya Sanhita, 2023 was enacted as Act 45 of 2023. Its provisions, except Section 106(2), were brought into force on July 1, 2024. Section 141 is therefore part of the operative BNS framework from that date.

Relation to the earlier Indian Penal Code

Section 141 BNS broadly occupies the field previously covered by Section 366B of the Indian Penal Code, 1860. A material feature of the BNS wording is that it expressly covers both a girl under twenty-one years and a boy under eighteen years.

Legal note: The exact provision applicable to a case depends on the date of the alleged act and the governing saving and transition provisions. The statutory text and procedural schedule should be checked for the facts of the particular case.

Related BNS provisions

For connected offences, see Section 142 BNS - Wrongfully concealing or keeping in confinement a kidnapped or abducted person, Section 143 BNS - Trafficking of person, Section 144 BNS - Exploitation of a trafficked person, Section 145 BNS - Habitual dealing in slaves, and Section 146 BNS - Unlawful compulsory labour.

Frequently asked questions

What is Section 141 BNS?

It criminalises specified importation into India of a girl under twenty-one years or a boy under eighteen years where the required intent or knowledge concerning forced or seduced illicit intercourse exists.

What is the punishment under Section 141 BNS?

The punishment is imprisonment which may extend to ten years, along with fine.

Is Section 141 BNS bailable?

No. Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, the offence is non-bailable.

Which court tries an offence under Section 141 BNS?

The offence is triable by a Court of Session.