Section provides the definition of human trafficking under Indian legislation. It also provides for enhanced punishment of 7 to 10 years imprisonment. According to a report published by the Freedom Fund and the Thomson Reuters Foundation, while section is being successfully used to prosecute sex and child trafficking offences, NGOs working in India are finding that it is more difficult to get police to register bonded labour cases under this section. Whoever, for the purpose of exploitation, a recruits, b transports, c harbours, d transfers, or e receives, a person or persons, byβ.
Sixthlyβ 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 trafficking.
Explanation 2. The Indian Penal Code, is the main criminal code in India. The Code was recently amended in to include provisions dealing with slavery, compulsory labour and sexual exploitation. Section β Trafficking of Person. Whoever, for the purpose of exploitation, a recruits, b transports, c harbours, d transfers, or e receives, a person or persons, byβ First-β using threats, or Secondlyβ using force, or any other form of coercion, or Thirdlyβ by abduction, or Fourthlyβ by practising fraud, or deception, or Fifthlyβ by abuse of power, or Sixthlyβ 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 trafficking.
