Section 370 in The Jammu and Kashmir State Ranbir Penal Code, 1989
370. [ Trafficking of person. [Substituted by Jammu and Kashmir Act No. 11 of 2014, dated 22.3.2014.]
(1)Whoever, for the purpose of explanation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receivers, a person or persons, by -First. - using threats; orSecondly. - using force, or any other form of coercion; orThirdly. - by abduction; orFourthly. - by practising fraud, or deception; orFifthly. - by abuse of power; orSixthly. - 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 1. - The expression "exploitation" shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal of organs.Explanation 2. - The consent of the victim is immaterial in a determination of the offence of trafficking.(2)Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine.(3)Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.(4)Where the offence involves the trafficking of a minor, it shall be punishable with rigorous imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.(5)Where the offence involves the trafficking of more than one minor at the same time, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend fifteen years and shall also be liable to fine.(6)If a person is convicted of the offence of trafficking of minors, on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and shall also be liable to fine up to Rupees two lakhs.(7)When a public servant including police officer is involved in the trafficking of a minor then such public servant shall be punished with imprisonment for life, which shall mean the remainder of the person's natural life and shall also be liable to fine up to Rupees one lakh.
