IPC 370A → BNS 144: Exploitation of Trafficked Person

Quick Summary: IPC 370A vs BNS 144

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 370A deals with exploitation of trafficked person, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers exploitation of trafficked person as BNS 144 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 370A cover?

IPC 370A dealt with exploitation of trafficked person — exploitation of a trafficked person (sexual exploitation, etc.). Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 144: What changed in the new law?

Part of the comprehensive Trafficking provision in BNS. From 1 July 2024, new complaints relating to exploitation of trafficked person are filed under BNS Section 144, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 144

Same - Up to 5 or 7 years

Practical implications for advocates, police & citizens

• Advocates: For exploitation of trafficked person, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 370A carefully to BNS 144.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new exploitation of trafficked person FIR is filed under BNS 144.
• Law students & citizens: Punishment for exploitation of trafficked person rises sharply with the seriousness of the harm and the victim — the IPC 370A to BNS 144 change does not lower it.