Indian Penal Code, 1860
Section 370A
repealedExploitation of a trafficked person
Whoever, knowingly or having reason to believe that a minor has been trafficked1, engages such minor for sexual exploitation in any manner, 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 shall also be liable to fine. Whoever, knowingly by or having reason to believe that a person has been trafficked1, engages such person for sexual exploitation in any manner, 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.
Why this exists
This section, added in 2013 alongside the modernized trafficking law, specifically targets the demand side of trafficking, the customers or users who knowingly exploit already-trafficked persons sexually, recognizing that punishing only traffickers is insufficient if those who exploit trafficked victims face no consequences. The Bharatiya Nyaya Sanhita, 2023 continues to criminalize exploitation of a trafficked person along similar lines.
How courts read it
Courts require that the accused knew or had reason to believe the person had been trafficked; mere use of a sex worker's services without such knowledge does not attract this section, but wilful blindness to obvious signs of trafficking can still satisfy the 'reason to believe' standard.
Common misconceptions
- Myth: Only the traffickers who recruited and transported the victim can be punished; customers are not responsible.
Fact: This section specifically punishes anyone who knowingly or with reason to believe engages a trafficked person for sexual exploitation, separate from and in addition to the traffickers' own liability.