Bharatiya Nyaya Sanhita, 2023
Section 141
Importation of girl or boy from foreign country
Whoever imports into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine.
Why this exists
This provision descends from Section 366B of the old Indian Penal Code, which was enacted to address cross-border trafficking of minors for sexual exploitation. It reflects India's long-standing concern about girls and boys being brought into the country to be exploited in prostitution or forced sexual relationships, and forms part of a set of anti-trafficking provisions alongside sections dealing with kidnapping and procuring persons for prostitution.
Common misconceptions
- Myth: The crime only counts if the girl or boy was actually sexually exploited after being brought to India.
Fact: The law punishes the act of importation itself, done with the intent or knowledge of likely exploitation — the exploitation does not need to have already happened. - Myth: This law only protects girls.
Fact: The law protects both girls (under 21) and boys (under 18), though the age thresholds differ.