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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

Definition of BNS Section 145

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.

Explanation and Illustration of BNS Section 145

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.

Key Points in Section 145

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:

  1. Section BNS-145 deals with persons who habitually engage in slave trade. This includes acts like importing, exporting, removing, buying, selling, trafficking, or otherwise dealing in slaves
  2. The law provides for life imprisonment or imprisonment for ten years, and fines, which is a serious crime
  3. This offense is cognizable, whereby the police are at liberty to arrest without a warrant, and the offense is non-bailable, more or less arbitrary to the severe punishment meted out by law for such offenses
  4. The provision aims to punish habitual offenders severely so as not to involve themselves in the notorious and inhuman practice of slavery.

Differences Between Section 145 of BNS and its Equivalent IPC Section

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/ SubsectionsSubject IPC Sections Summary of comparison
145 Habitual dealing in slaves. 371 No change.

Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?

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:

  • Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
  • Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
  • Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
  • Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.

FAQs about Section 145 of the Bharatiya Nyaya Sanhita (BNS)

The section prohibits habitual engagement in activities like importing, exporting, removing, buying, selling, trafficking, or otherwise dealing in slaves. These offenses are considered grave crimes due to their exploitative and inhumane nature, especially when repeated.
Punishments under Section 145 include life imprisonment or imprisonment for a term not exceeding ten years. Imprisonment and fine is also permissible, but this reflects the seriousness of the offense and the requirement of the law to impose harsh sentences.
Section 145 specifically targets habitual offenders to deter ongoing participation in slavery. The law focuses on repeat offenders to prevent organised and systemic slavery-related activities and ensure stronger penalties for persistent violations.
Yes, Section 145 is a cognizable offense. Thus, it also stated that police can arrest an offender without the warrant of issuance. The classification does reflect the seriousness of the crime and the urgent need to prevent any further harm.
No, Section 145 is a non-bailable offense. This indicates that bail is not granted automatically, emphasising the seriousness of habitual slavery-related crimes and the need to keep offenders in custody to prevent continued illegal activities.
The legislative intent behind Section 145 is to mete out a more severe punishment to habitual offenders dealing with slavery. Through severe punishment of repeated violations, the law aimed to eradicate slavery-related practices and deter organised exploitation.
The Section 145 provides for habitual involvement in slavery offenses, and all other sections can be described as isolated or first-time offense-based. There is a greater emphasis on those repeat offenders who have systematically participated in slavery activities.
 section 145 of bns

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