BNS Section 141 : Importation of Girl or Boy From Foreign Country
Section 141 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita Act, 2023. It addresses the offense of importing a girl or boy from a foreign country for immoral or unlawful purposes. This provision is designed to combat human trafficking and protect vulnerable individuals from exploitation, abuse, or harm.
Definition of BNS Section 141
Section 141 of the BNS 2023 States:
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.
Explanation and Illustration of BNS Section 141
Section 141 of the Bharatiya Nyaya Sanhita, 2023 deals specifically with the illegal importation of minors, that is, girls below the age of 21 years or boys below the age of 18 years, into India with the intent or knowledge that they will be used for sexual exploitation.
Example 1:
Scenario: An individual arranges for the illegal transportation of a 17-year-old boy from a foreign country into India. The purpose of this act is to force the boy into illegal prostitution. He knew the boy would likely be exploited.
Legal Consequence: The individual would be prosecuted under Section 141 of the BNS, 2023, and could be imprisoned for a term of 10 years and be liable to a fine for trafficking a minor for the purpose of illicit sexual activities.
Example 2:
Scenario: Traffickers bring a 19-year old girl from a neighboring country to India with an intent that she may be compelled for sexual exploitation. The traffickers are aware of the fact that the girl might be compelled into such activities.
Legal Outcome: Under Section 141 of the BNS, traffickers will be prosecuted as they traffic a minor with intent or knowledge that she would be sexually exploited. They face jail terms and fines.
Key Points in Section 141
- BNS Section 141 makes importation of a girl under 21 years or a boy under 18 years into India from another country for the intent of sexual exploitation a crime
- Importation includes transporting or bringing in these minors to India through any means like by air, sea, land, or by any other transport mode
- The person committing this offense must intend that the girl or boy shall be used for the purpose of illicit sexual intercourse
- Alternatively, it is enough that he knows or has reason to believe that such a minor will be compelled or induced by some illness, mental or physical condition or other means to make such sexual activity
- The penalty of imprisonment provided under this section extends up to 10 years.
- The fine on the other hand is also applicable to the offender.
Differences Between Section 141 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 141 of BNS and its equivalent IPC section 366B focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 141 | Importation of girl or boy from a foreign country. | 366B | Words 'any boy under the age of eighteen years' added and 'she' is replaced by 'girl or boy'. |
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FAQs about Section 141 of the Bharatiya Nyaya Sanhita (BNS)
Does Section 141 apply to trafficking only from foreign countries?
Yes, Section 141 specifically targets the importation of individuals from foreign countries into India. Domestic trafficking is addressed under other provisions of the Bharatiya Nyaya Sanhita.
What is the role of intent in Section 141 offenses?
The offender’s intent is crucial for prosecution under Section 141. The law criminalises importing individuals with a deliberate intention to engage them in unlawful or immoral activities.
Can an accomplice be punished under Section 141?
Yes, individuals who assist, abet, or conspire in importing a girl or boy for unlawful purposes can also face prosecution and penalties under Section 141 as accomplices.
Are there exceptions under Section 141?
Yes, lawful and ethical importation, such as migration for legitimate reasons or reunification of families, is not considered an offense under Section 141. Only actions linked to immoral or illegal intentions are penalised.
How does Section 141 align with international laws?
Section 141 aligns with global efforts against human trafficking, complementing international conventions like the UN Trafficking Protocol, to protect individuals from transnational exploitation.
What is the significance of Section 141 in combating trafficking?
By criminalising cross-border trafficking for immoral purposes, Section 141 strengthens India’s legal framework to combat human trafficking and uphold human rights.
How does Section 141 ensure justice for victims?
The section provides a legal basis to prosecute offenders and deliver justice to victims, ensuring their rights and dignity are upheld while deterring future crimes.
