Database of Legislation

Trafficking in persons
  • Acts Involved

    • • Recruitment/Hiring
      • Transportation
      • Transfer
      • Harbouring
      • Receipt
  • Means Used

    • • Threat of the use of force or of other forms of coercion
      • Abduction
      • Fraud
      • Deception
      • Abuse of power or a position of vulnerability
      • Giving or receiving payments or benefits to achieve the consent of a person having control over another person
  • Exploitative Purposes

    • • Exploitation of the prostitution of others or other forms of sexual exploitation
      • Forced labour or services
      • Slavery or practices similar to slavery
      • Servitude
      • Removal of organs

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Firearms Protocol

     

    Original Text

    370. (1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by––

    First.–– using threats, or

    Secondly.–– using force, or any other form of coercion, or

    Thirdly.–– by abduction, or

    Fourthly.–– by practising fraud, or deception, or

    Fifthly.–– by abuse of power, or

    Sixthly.–– by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received,

    commits the offence of trafficking.

    Explanation 1.–– The expression “exploitation” shall include, prostitution or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the forced removal of organs.

    Explanation 2.–– The consent of the victim is immaterial in a determination of the offence of trafficking.

    (2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

    (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine.

    (4) Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life.

    (5) Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years but which may extend to imprisonment for life.

    (6) When a public servant including police officer is involved in the trafficking of a minor then such public servant shall be punished with imprisonment for life, which shall mean the remainder of that person’s natural life.

    (7) If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.

    370A. (1) Whoever, despite knowing, or having reason to believe that a child has been trafficked, employs such child in any form of labour, shall be punished with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years, and with fine.

    (2) Whoever, despite knowing or having reason to believe that an adult has been trafficked, employs such adult for labour, shall be punished with rigorous imprisonment for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.