Indian Penal Code, 1860
Section 374
repealedUnlawful compulsory labour
Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Why this exists
This section criminalizes forced labour in general terms, protecting a person's basic freedom to choose whether and for whom they work. Historically linked to concerns about bonded labour and forced servitude, it provides a baseline protection, though in modern practice, more severe or organized forced labour is typically prosecuted under the comprehensive trafficking provisions or specialized labour laws like the Bonded Labour System (Abolition) Act. The Bharatiya Nyaya Sanhita, 2023 retains a comparable provision against unlawful compulsory labour.
How courts read it
Courts examine whether the compulsion was truly 'unlawful,' since lawful obligations, like court-ordered community service or certain contractual work obligations, do not fall under this section; the focus is on coercion that has no legal basis.