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Section 145 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 habitual dealing with slaves. This provision targets individuals who engage persistently in the trade, sale, or exploitation of human beings as slaves
Section 145 of the BNS 2023 States:
Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Section 145 deals specifically with people who continuously engage in trading or dealing in human beings as slaves. 'Habitual dealing' means dealing periodically, and the implication is not that there was a one-off situation of buying, selling, or exploitation, but rather it involves a continued involvement. This provision ensures the legal fight against new manifestations of slavery-that could be in the form of forced labor, human trafficking, or any kind of servitude.
This law stresses the protection of basic human rights and dignity by criminalising habitual dealing in slaves. This section is meant to discourage such inhuman practices; it will also provide legal avenues to address possible exploitation. The imposition of stern penal procedures, for instance, imprisonment and fines, aims at deterring actions that would be considered unconscionable and ensures justice for victims while also reinforcing a societal stand against any subjugation of persons.
Scenario
A runs a huge international operation that involves importing people from poor regions, forcing them into labor in various illegal enterprises, and then selling their services to different companies. He regularly engages in the illegal trade of slaves by recruiting, trafficking, and selling them for exploitation. Authorities catch him during a raid on one of the properties where trafficked individuals are held in forced labor conditions.
Legal Outcome:
A is convicted under Section 145 for habitually dealing in slaves. Since his actions involve multiple offenses of trafficking, dealing, and selling slaves, he is sentenced to life imprisonment as he has been proven to be a habitual trafficker. He is also fined as per the provisions of the law.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
The section 145 BNS makes the practice of slavery and other human exploitation for contemporary times possible only by reprimanding through severe punishment individuals who make such violations of their rights and dignities. Hence, the prescribes imprisonment with fine to restrain them and deter them from getting repeated in societal violation:
This section outlines the key differences between Section 145 of BNS and its equivalent IPC Section 371 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 |
---|---|---|---|
145 | Habitual dealing in slaves. | 371 | No change. |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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