BNS Section 144: Exploitation of a Trafficked Person

Definition of BNS Section 144

Section 144 of the BNS 2023 States:
(1)Whoever, knowingly or having reason to believe that a child has been trafficked,engages such child for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.
(2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.

Explanation and Illustration of BNS Section 144

Section 144 of the BNS, 2023 deals with punishment for using a trafficked person, either a child or an adult, for sexual exploitation liable to punishment. When a person has knowledge or belief that a child has been trafficked and then uses the child for sex, they are liable to imprisonment for a term of not less than 5 years, which can extend up to 10 years. They are also liable to a fine.
Similarly, if anyone knows or even believes that an adult has been trafficked and used for sexual purposes, he or she is liable to at least 3 years of imprisonment, which may extend up to 7 years, and may also face a fine. This law is set to give harsh punishment to all those involved in human trafficking and sexual exploitation. As per the act:

• Trafficking covers transporting, recruiting, or transferring individuals through coercion, fraud, or force for exploitation
• Sexual Exploitation means using individuals for sexual activities in exchange for money, goods, or services.
• Knowledge refers to the situation where the offender is aware or has sufficient reason to believe the individual is trafficked.

• Example 1:
  Situation: A trafficker brings a 16-year-old girl into the country for sexual exploitation. A man knowingly engages her in prostitution, knowing that she is a trafficked child.
  Legal Result: The man would be held guilty under Section 144 for engaging a trafficked child in sexual exploitation. He is liable to face 5 to 10 years of rigorous imprisonment and a fine.

• Example 2:
  Scenario: A man suspects that a 12-year-old child he is going to hire for sexual exploitation has been trafficked but still proceeds with the act.
  Legal Result: The man would be guilty of sexual exploitation under Section 144 for exploiting a trafficked child and would receive 5 to 10 years of rigorous imprisonment along with a fine.

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