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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.
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 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. |
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 146 of the Bharatiya Nyaya Sanhita (BNS)
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