BNS Section 146: Unlawful Compulsory Labour
Section 146 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 unlawful compulsory labor. This provision aims to protect individuals from being forced into labor against their will, a practice that undermines human dignity and basic rights.
Definition of BNS Section 146
Section 146 of the BNS 2023 States:
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Explanation and Illustration of BNS Section 146
Section 146 of Bharatiya Nyaya Sanhita 2023 describes the criminal activity of forcing the person to labour against his wish. It mainly deals with forcing a person into labor; such a person has been forced or compelled into labour without their choice. Punishment for this criminal activity is by imprisonment up to one year or fine or a combination of the above.
Example 1:
A factory owner threatens to withhold the wages of workers or harm their families if they do not work overtime without pay. This is a violation of Section 146, which prohibits unlawful compulsory labor because the workers are forced to labor against their will.
Example 2:
A landlord makes a tenant perform manual labor on his farm as compensation for a loan without such requirement ever being agreed upon. The tenant did not give consent freely to be coerced in this manner, which qualifies under section 146.
Example 3:
An employer also seizes an employee's identification documents and threatens to send the documents to the authority unless the employee continues to work. This level of coercion is considered unlawful compulsory labor under this section.
Key Points in Section 146
- BNS-146 prohibits compelling an individual to work against their will. This includes situations where a person is forced into labor through coercion, threats, intimidation, or deceit
- Violating BNS-146 is punishable with imprisonment (rigorous or simple) for up to one year, a fine, or both. The type and severity of the punishment depend on the specifics of the offense
- This provision protects personal liberty, averring that no person can be compelled to labor against their will and hence guarantees basic human rights
- The BNS-146 offense is within the cognizance power of the police, meaning that it is bailable and allows the arrested person to get bail
- This provision applies mainly to bonded labour cases, human trafficking, and other similar acts of exploitation of labor.
Differences Between Section 146 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 146 of BNS and its equivalent IPC section 374 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 |
|---|---|---|---|
| 146 | Unlawful compulsory labour. | 374 | No change. |
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FAQs about Section 146 of the Bharatiya Nyaya Sanhita (BNS)
Can Section 146 be used against bonded labor?
Yes, cases of bonded labor fall under Section 146. Compelling or inducing someone into work to recuperate his debt by threats or fraud is illegal and can come under this section.
Does section 146 cover cases related to human trafficking?
No, it does not apply directly to human trafficking. It addresses the people who are compelled or trapped into labor under deceit or threat. It simply reinforces legal protections against exploitation.
How does Section 146 differ from other labor laws?
While the labor laws cover fair employment practices, Section 146 specifically deals with cases of compelled labor by threat, fear, or fraud that focuses on protecting personal liberty.
What should victims of unlawful compulsion do?
Victims of forced labor must report to the nearest police station. As it is a cognizable offense, the police will be able to take prompt action to investigate the case and ensure the rights of the victim.
What is the role of police under Section 146?
Police can arrest offenders without a warrant since the offense is cognizable. Their role is to ensure timely intervention, investigate claims of forced labor, and protect victims from further harm.
Can an employer be charged under Section 146?
A person who by threats, fraud, or intimidation forces someone to work can be penalised under Section 146. This prevents exploitative employment practices and maintains accountability.
How is a charge under Section 146 legally defended?
The legal defenses would be being able to demonstrate that the work was volunteered and undertaken with no form of compulsion and no fraud involved. The defendant needs to be able to show that no unlawful compulsion took place in order to avoid liability.
