If the victim or their family agreed to the arrangement, it can't be trafficking.

The law explicitly states that the victim's consent is irrelevant to the offence, since trafficking often relies on deception, inducement, or power imbalance to obtain that apparent consent.

Indian Penal Code, 1860

Section 370

repealed

Trafficking of persons

Whoever, for the purpose of exploitation, (a) recruits, (b) transports, ( c) harbours, (d) transfers, or (e) receives, a person or persons, by using threats, or using force, or any other form of coercion, or by abduction, or by practising fraud, or deception, or by abuse of power, or 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 trafficking1. Explanations 1. The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs. 2. The consent of the victim is immaterial in determination of the offence of trafficking1. 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. Where the offence involves the trafficking1 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. 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, and shall also be liable to fine. Where the offence involves the trafficking of more than one minor, 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, and shall also be liable to fine. If a person is convicted of the offence of trafficking of minor 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, and shall also be liable to fine. When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine.§

Why this exists

This section was substantially rewritten in 2013 to create a comprehensive, modern anti-trafficking law addressing the many methods traffickers use and the various forms of exploitation, including forced labour, sexual exploitation, and organ trade, aligning Indian law more closely with international anti-trafficking standards. The enhanced punishments for minors, repeat offences, and involvement of public servants reflect the aggravated harm in those situations. The Bharatiya Nyaya Sanhita, 2023 retains a comprehensive human trafficking provision along similar lines.

How courts read it

Courts have emphasized that the victim's consent is wholly irrelevant to establishing the offence, since consent obtained through inducement, deception, or power imbalances is not treated as free consent; the focus is on the trafficker's actions and purpose of exploitation.

Common misconceptions

Myth: If the victim or their family agreed to the arrangement, it can't be trafficking.
Fact: The law explicitly states that the victim's consent is irrelevant to the offence, since trafficking often relies on deception, inducement, or power imbalance to obtain that apparent consent.