Person.—
(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by-- First ... 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
370A in The Indian Penal Code, 1860
370A. Exploitation of a trafficked person.—
(1) Whoever, knowingly or having reason to believe that a minor ... Whoever, knowingly by or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall
that includes
measures to prevent such trafficking, to punish the
traffickers and to protect the victims of such trafficking,
including by protecting their internationally recognized ... into action to eradicate human trafficking.
50. Taking note of the Vienna Forum against
Trafficking in Persons in the framework of the United
22
Nations
perspective. The distinction between human trafficking and the smuggling of migrants is well established in international law. Trafficking in persons, i.e. the kind ... promoting trafficking, disclosing the identity of the victim and aggravated trafficking such as trafficking for bonded labour and begging. For example, aggravated trafficking will
exploitation recruits, transports, harbours, transfers or receives a
person or persons for the purpose of trafficking, such person is
punishable under Section ... consent of any person having control
over the person recruited, transported, harboured, transferred or
received, commits the offence of trafficking.
The word "exploitation
expanding, clarifying the scope of trafficking with specific
explanations introducing new Section 370-A dealing with
exploitation of trafficked person as also making the same ... Penal Code to book the trafficker in connection
with the offence of trafficking, exploitation of the trafficked person
by imparting training so as to enable
consent of any person
having control over the person recruited,
transported, harboured, transferred or received,
commits the offence of trafficking.
Explanation 1.-- The expression ... trafficked person is immaterial. Quantum of
punishment increases if the person trafficked is minor.
10
10. What is argued before this Court by Mr.
Mohammed
specifically in 1950 indicates that at that
time, trafficking was confined to certain forms. Trafficking in Persons (for
short, “TIP”) in India has taken diverse ... addition to the
conventional understanding of trafficking being synonymous to sex
trafficking and forced labour, trafficking includes other forms as long as
there is “recruitment
Trafficking is concerned, said Report discloses
that the Act, 1956, did not define trafficking comprehensively and it further
recommended to criminalize employment of trafficked person ... person having control over such person. Therefore,
a customer, who is apprehended while engaging in sexual exploitation of a
person who is trafficked, cannot
Trafficking is concerned, said Report discloses
that the Act, 1956, did not define trafficking comprehensively and it further
recommended to criminalize employment of trafficked person ... person having control over such person. Therefore,
a customer, who is apprehended while engaging in sexual exploitation of a
person who is trafficked, cannot
