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Under Section 143(2) of the Bharatiya Nyaya Sanhita, 2023, what is the punishment for trafficking one…

Explanation 1 to Section 143(1) includes slavery and practices similar to slavery in exploitation for the offence of trafficking. Section 143(2) prescribes rigorous…

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Under Section 143(2) of the Bharatiya Nyaya Sanhita, 2023, what is the punishment for trafficking one adult for exploitation involving slavery, where no statutory aggravating circumstance applies?

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Answer and explanation

Correct answer B

Explanation 1 to Section 143(1) includes slavery and practices similar to slavery in exploitation for the offence of trafficking. Section 143(2) prescribes rigorous imprisonment for seven to ten years and liability to a fine. The later subsections prescribe enhanced punishments for specified circumstances, including multiple victims, children and involvement by a public servant or police officer.

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Option A

Incorrect. Under Section 143(2) of the Bharatiya Nyaya Sanhita, 2023, trafficking of a single adult person (not involving a minor, multiple victims, or a public servant) is punishable with rigorous imprisonment from seven to ten years and fine, not mandatory life imprisonment.

Option B

Correct. Under Section 143(2) read with Explanation 1 to Section 143(1) of the Bharatiya Nyaya Sanhita, 2023, whoever commits the offence of trafficking of a person for exploitation (which expressly includes slavery or practices similar to slavery) shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

Option C

Incorrect. Section 143(2) BNS prescribes mandatory rigorous imprisonment of at least seven years (extendable to ten years) along with fine, not simple imprisonment up to seven years.

Option D

Incorrect. Five years is below the statutory minimum of seven years' rigorous imprisonment prescribed by Section 143(2) BNS.

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