Section 370 ipc. IPC Section 370A 2022-10-28

Section 370 ipc Rating: 5,7/10 716 reviews

Section 370 of the Indian Penal Code (IPC) deals with the offense of trafficking of persons. It states that any person who recruits, transports, harbors, transfers, or receives a person by means of threat or use of force, or by inducing a person to believe that they will be subjected to physical harm or exploitation, shall be punished with imprisonment for a term not less than seven years but which may extend to life imprisonment and shall also be liable to fine.

Trafficking of persons is a grave offense that violates the human rights of the victims, who are often subjected to exploitation, abuse, and violence. It is a form of modern slavery that involves the trade of human beings for the purpose of forced labor, sexual exploitation, or other forms of abuse. It is a global problem that affects millions of people around the world, and India is no exception.

According to the United Nations Office on Drugs and Crime (UNODC), India is a major source, transit, and destination country for human trafficking. Women and children are particularly vulnerable to trafficking, with the majority of victims being trafficked for sexual exploitation and forced labor. The COVID-19 pandemic has further exacerbated the problem, as the economic downturn and lockdowns have increased the vulnerability of people to trafficking.

Section 370 of the IPC was introduced in the year 2018 as part of the Criminal Law (Amendment) Act, which sought to strengthen the legal framework to combat trafficking in India. Prior to this, trafficking offenses were covered under various provisions of the IPC, including sections 366 (kidnapping), 372 (selling minor for purposes of prostitution), 373 (buying minor for purposes of prostitution), and 374 (unlawful compulsory labor). However, these provisions did not adequately address the complexities and nuances of trafficking, and there was a need for a specific provision to deal with this offense.

Section 370 of the IPC provides a comprehensive definition of trafficking that covers a wide range of activities, including recruiting, transporting, harboring, transferring, and receiving persons. It also includes the use of force, threat, or deception as means of committing the offense. The provision also imposes stringent penalties for trafficking offenses, with a minimum punishment of seven years' imprisonment and a maximum punishment of life imprisonment.

In conclusion, section 370 of the Indian Penal Code is an important provision that criminalizes the offense of trafficking of persons in India. It recognizes the gravity of the crime and provides a strong deterrent against traffickers. It is a crucial step towards protecting the human rights of victims and combating this global problem.

Procedural niceties of National Investigation Agency Act & Incompetency of Magistrate to deal with Section 370 IPC

section 370 ipc

Government has also recently in August 2019 enforced an amendment which changed certain perspective. The same Magistrate shall also have the jurisdiction to commit the case. It is also pertinent that central government has no authority to sit on the report for unlimited time. Buying or disposing of any person as a slave: This section penalises buying or selling etc. . As such by virtue of Section-4 2 Cr.

Next

IPC 370 Section of Indian Penal Code

section 370 ipc

In all the other three situations, whether the state police can investigate the offence or not is the question. So the accused has to be produced before a Magistrate within 24 hours of his arrest. Delhi High Court in Aqil Hussain vs State dated 22. The High Court certainly missed the point that it is only when the central government issues a direction that the state police has been prohibited from proceeding with the investigation under Section-6 6. The only power left with the State Government was to reduce or alter or extend the limits of a metropolitan area by virtue of sub-section-3 thereof. Two views may be possible here. It is here that the question arises as to which of the Courts of Session in the State shall have jurisdiction to try a scheduled offence in the absence of special court.

Next

IPC Section 370

section 370 ipc

As such, the state government is obliged to forward the report within such time which is found reasonable to obtain approval of the competent authority in the government. At this juncture we can usefully refer to section-8 of Cr. Section-22 itself contemplates that state government may designate a court of session as special court. Sub-section-3 gives only 15 days time to central government, means in those 15 days, the central government has to decide either way. How it happened is required to be noted. Therefore, it has to be accepted that both the expressions are different.

Next

What is Section 370 IPC?

section 370 ipc

Section-7 therefore supports that state police can also investigate the scheduled offence. Despite this, if one sees the language used in Section 381, one cannot but conclude that the hearing of an appeal by an Additional Sessions Judge would be wholly without jurisdiction and order s passed, on hearing of such an appeal, would be nullity unless the appeal had been made over to him by the Sessions Judge for hearing or unless the High Court had directed him to hear the appeal. Court of Session This website is meant only for providing free legal information to its visitors, without any warranty. Which Magistrate can take cognizance? If this was the intention of the legislature, there was not even a need for enacting such prescription. But honestly i differ from your interpretation. Firstly, we have to note that it is only the court of session which has normal criminal jurisdiction over the offence so committed which will have to deal with the matter.

Next

Indian Penal Code (IPC) Section 370. Trafficking of person.

section 370 ipc

So the complaints or police reports should be filed with the court of sessions where special court has not been constituted so far as investigation conducted by state investigation agency into scheduled offences is concerned. The only starting point is the recording of information under section-154 Cr. Further, Section-11 1 also provides for area or cases for which special court can be designated whereas Section-22 1 only talks about enactments. Power of Central Government to designate Court of Session as Special Courts. If we read the provisions contained in Section 9, it is found that there will be one Sessions Judge presiding over the Court of Session for every sessions division and that if there be Additional Sessions Judge, appointed by the High Court, their appointment would be to only to exercise jurisdiction in the Court of Session. The horrendous practice of slavery is luckily now almost a thing of the past.

Next

Section 370 Indian Penal Code, 1860

section 370 ipc

By amending the Act, Parliament has deleted sub-section-3 to 7 and made certain changes in other sub-sections. The question now is as to which is the special court that can try the scheduled offence investigated by the state police. Therefore, it has to be accepted that an arrested person should be produced before a Magistrate unless there is some law prescribing contrary mode. It does not require any emphasis that High Court being the final authority in the State for judicial matters need a say for such a serious activity. I hope you have a fruitful time here. There is no say of state government or officer-in-charge in that matter.

Next

Section 370A IPC

section 370 ipc

My take is totally different. It is the court of session of a specific division where the offence has been committed which has the power of special court. The initial Magistrate has to forward the accused to the jurisdictional Magistrate upon the expiry of the first 15 days. It further cannot deny to take a decision on the report. In the original Section-8 of Cr.

Next

Advgyan

section 370 ipc

Criminalising such an ordinance will bring delay in justice for them. In such situation, if the state government has designated special court then the matter again has to be dealt with by the special court. This provision may have two interpretations. In addition thereto, the High Court may appoint Additional Sessions Judges to exercise jurisdiction in such a Court of Session. Moreover, it will increase the cases of abuse against them, especially by police and other powerful authorities. On a superficial reading it may appear that once Section-22 gives discretion to designate the special court, the power of so doing has to be found in that provision itself. A Magistrate who has taken cognizance of an offence or a Magistrate to whom a case has been transferred or made over in accordance with the law can try the case.

Next