BNS Section 144: Exploitation of a trafficked person (2026)
What Section 144 of the Bharatiya Nyaya Sanhita (BNS) covers, how it maps to the old IPC section on exploitation of a trafficked person, the punishment for a child and for any other person, and the classification. Last verified October 2026.
Explainer · Criminal Law · BNS
Section 144 of the Bharatiya Nyaya Sanhita (BNS) punishes the exploitation of a person who has been trafficked. It targets anyone who engages a trafficked person for sexual exploitation, knowing or having reason to believe they were trafficked. The BNS has been in force since 1 July 2024 and replaces the Indian Penal Code (IPC). If you still look up "IPC 370A", Section 144 is the provision you now need. This explainer sets out what Section 144 covers, how it maps to the old law, the punishment, and the classification. Last verified October 2026.
- New section: exploitation of a trafficked person is Section 144 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 370A of the IPC.
- Punishment: a child victim attracts rigorous imprisonment of 5 to 10 years and a fine; any other victim, 3 to 7 years and a fine.
- Classification: cognizable and non-bailable, triable by the Court of Session.
01Why the section number matters now
Exploitation of a trafficked person was punished under Section 370A of the Indian Penal Code (IPC), added after the 2013 criminal law reforms. Since 1 July 2024 the IPC is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), and this offence now sits in Section 144.
This matters in practice. An FIR for an offence committed on or after 1 July 2024 is registered under the BNS, so it cites Section 144, not Section 370A. An older matter keeps its IPC number, because the law that applies is the law on the date of the offence. For some years both numbers will appear in live files.
02What Section 144 covers
Section 144 punishes the person who uses a trafficked victim, not the trafficker. Trafficking itself is dealt with in the section just before it. Section 144 reaches the person who engages a trafficked person for sexual exploitation.
The mental element is knowledge or reason to believe. The accused must know, or have reason to believe, that the person they engage has been trafficked. The section treats a child victim more seriously than an adult victim.
Trafficking and exploitation are different offences
Trafficking a person is punished under the preceding section of the BNS. Section 144 punishes the separate act of exploiting someone who has already been trafficked. Both can arise in the same case.
03The two parts and their punishment
Section 144 has two sub-sections, split by the age of the victim.
- Section 144(1): where the trafficked person is a child, meaning under eighteen years of age, and is engaged for sexual exploitation. Punishment: rigorous imprisonment for not less than five years, which may extend to ten years, and a fine.
- Section 144(2): where the trafficked person is any other person, engaged for sexual exploitation. Punishment: rigorous imprisonment for not less than three years, which may extend to seven years, and a fine.
Section 144 sets a minimum sentence, which the court cannot go below: five years for a child victim and three years for any other victim.
04Old to new: IPC 370A to BNS 144
Section 370A of the IPC is now Section 144 of the BNS. The two-part structure, the knowledge requirement and the punishments are carried over.
| Part of BNS 144 | Victim | Punishment | Old law (IPC) |
|---|---|---|---|
| 144(1) | Child (under 18) | RI 5 to 10 years, and fine | Section 370A(1) |
| 144(2) | Any other person | RI 3 to 7 years, and fine | Section 370A(2) |
05Classification
Exploitation of a trafficked person is treated as a serious offence.
- Cognizable: the police can register an FIR and investigate without prior approval of a court.
- Non-bailable: bail is not a matter of right and is decided by the court.
- Triable: by the Court of Session.
06What changed from the old law
For this offence, the change is mainly the section number. The distinction between a child victim and any other victim, the higher minimum sentence for a child, and the knowledge requirement are all carried over from IPC Section 370A. So the older case law on Section 370A still guides how Section 144 of the BNS is read.
Because trafficking and exploitation are separate offences, a single prosecution may use the trafficking section and Section 144 together, along with provisions such as Section 140 of the BNS where there is also a kidnapping or abduction.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Trafficking and exploitation cases often span several states and courts, and the reading of the knowledge test and the child or adult split has built up over years. Claw opens 30 crore and more judgments to that search, with Supreme Court authority from 1950 and High Court authority from 1990, so you can trace how Section 144 and the old Section 370A have been applied. It also follows the cases, orders and hearings of a live matter across 9,102 courts, benches and forums, returning results in under 5 seconds.
Your material stays private: Claw does not draw on customer case documents to train its AI models. Open a free Claw account to review these rulings and to keep track of a matter by party or advocate name. To search further into Indian law, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 144, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is IPC 370A in the BNS?
Exploitation of a trafficked person, earlier Section 370A of the IPC, is now Section 144 of the Bharatiya Nyaya Sanhita, 2023. It applies to offences committed on or after 1 July 2024.
What is the punishment under BNS Section 144?
It depends on the victim. Where a trafficked child under eighteen is engaged for sexual exploitation, the sentence is rigorous imprisonment of not less than five years, up to ten years, and a fine. For any other trafficked person, it is rigorous imprisonment of not less than three years, up to seven years, and a fine.
Is an offence under BNS 144 bailable?
No. The offence under Section 144 is cognizable and non-bailable and is triable by the Court of Session. Bail is not a right and is decided by the court.
Does Section 144 punish the trafficker?
Not directly. Trafficking itself is punished under the preceding section of the BNS. Section 144 punishes the separate act of exploiting a person who has already been trafficked. Both offences can arise in the same case.
Does old case law on Section 370A still apply?
In large part, yes. Because the structure and punishment are carried over, judgments on IPC Section 370A still guide how Section 144 of the BNS is read.
Can I track a case under Section 144 in Claw?
Yes. Claw tracks a trafficking or exploitation matter by party or advocate name, carrying its cases, orders and hearing dates across 9,102 courts, benches and forums, with results in under 5 seconds and a library of 30 crore and more judgments behind it. It tracks and researches the case but does not give legal advice.