Human Trafficking Under the BNS (Section 143): IPC 370 Mapping (2026)

Explainer · BNS · New Criminal Code

Updated for 2026 · Claw Editorial

Human trafficking is an offence under Section 143 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which replaced Section 370 of the Indian Penal Code (IPC). It punishes recruiting, transporting, harbouring, transferring or receiving a person for exploitation by force, fraud, coercion or inducement. The basic punishment is rigorous imprisonment of seven to ten years and a fine. Last verified October 2026.

01What Section 143 of the BNS covers

Section 143 of the BNS defines and punishes the trafficking of persons. It targets the business of moving and holding people for exploitation, not a single act of violence. The offence has two parts: an act, and a means used to commit that act.

The acts are recruiting, transporting, harbouring, transferring or receiving a person. The means are what makes the act an offence, and the section lists them:

• threats, or the use of force or any other form of coercion;
• abduction;
• fraud or deception;
• abuse of power; or
• inducement, including giving or receiving a payment or benefit, to get the consent of a person who controls the victim.

The purpose must be exploitation. The section reads exploitation to include physical and sexual exploitation, slavery or practices like slavery, servitude, and the forced removal of organs.

Using a trafficked person is dealt with separately. The exploitation of a trafficked person, which was Section 370A of the IPC, now sits in Section 144 of the BNS.

02Old to new: IPC Section 370 to BNS Section 143

Before 1 July 2024, trafficking of persons was punished under Section 370 of the Indian Penal Code, and the use of a trafficked person under Section 370A. Section 370 itself had been rewritten in 2013 to match the Palermo Protocol definition of trafficking.

The BNS carried this forward with the same structure. The table shows the mapping.

So a charge sheet, bail order or judgment filed after 1 July 2024 should read "Section 143 of the BNS". A matter for an act committed before that date is still tried under Section 370 of the IPC. For the full picture of how the old code maps to the new one, see the IPC to BNS section mapping.

03Punishment and classification

Section 143 sets a graded punishment. It rises with the scale of the trafficking and the status of the offender.

Trafficking is a serious offence. It is cognizable, which means the police can register a first information report and investigate without the prior order of a court, and it is non-bailable, which means bail is not a matter of right and is decided by the court.

Section 143 punishes the trade in people, not a single act of harm. The act, the means and the purpose of exploitation together make the offence, and the victim’s consent is no defence.

04What changed from the old law

For most working purposes the offence is the same. The definition, the list of means, the purpose of exploitation and the rule that consent is immaterial all carry over from Section 370 of the IPC.

The main change is the section number. "Trafficking" is now Section 143, and the related offence of using a trafficked person is Section 144. Advocates, investigating officers and courts must cite the new numbers for acts on or after 1 July 2024.

The grading of punishment, from a basic term up to imprisonment for life for trafficking a child or where a public servant is involved, follows the earlier law closely. Read the current text of the section on the day you act, because punishment and classification can be refined by amendment.

For the wider reform, see the new criminal laws of 2024 and the related offence of kidnapping under BNS Section 137.

05Where 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 cases are charged and litigated across the country, often with linked matters in more than one district and state. The practical need for an advocate is to find how Section 143 has been read, and to keep track of a live matter. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore and more judgments and results in under 5 seconds. You can look up how courts have applied Section 143, or the old Section 370, and follow a pending matter with automatic updates, cause lists and alerts.

Claw does not file your case or give legal advice, and Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name.

This explainer is general information, not legal advice.

06Sources and further reading

• India Code (official text of the Bharatiya Nyaya Sanhita, 2023): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• Section 143 BNS, bare text reference: devgan.in
• Claw: clawlaw.in

Always read the section as it stands on the day you act, and take advice from counsel. The law changes through amendments and judgments.

07Frequently asked questions