Bare ActsThe CRIMINAL LAW (AMENDMENT) ACT, 2013

Section 8

For section 370 of the Penal Code, the following sections shall be substituted, namely:- '370

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For section 370 of the Penal Code, the following sections shall be substituted, namely:- '370. (I) Whoever, for the purpose ofexploitation, (a) recruits, (b) transports, (c) harbours, (d) transfers, or (e) receives, a person or persons, by- First.-- using threats, or Secondly.- using force, or any other form ofcoercion, or Thirdly.- by abduction, or Fourthly.- by practising fraud, or deception, or Fifthly.- by abuse ofpower, or Sixthly.- by inducement, including the giving or receiving ofpayments or benefits, in order to achieve the consent ofany person having control over the person recruited, transported, harboured, transferred or received, commits the offence oftrafficking. Explanation 1.-The expression "exploitation" shall include any act ofphysical exploitation or any form ofsexual exploitation, slavery or practices similar to slavery, servitude, or the forced removal oforgans. Explanation2.-The consent ofthe victim is immaterial in determination ofthe offence oftrafficking. (2) Whoever commits the offence oftrafficking 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 fme. (3) Where the offence involves the trafficking ofmore than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fme. (4) Where the offence involves the trafficking ofa minor, it shall be punishable with rigorous imprisonment for aterm which shall not be less than ten years, butwhich may extend to imprisonment for life, and shall also be liable to fine. (5) Where the offence involves the trafficking ofmore than one minor, it shall be punishable with rigorous imprisonment for a term which shall not be less thanfourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. SEC. 1] THE GAZETTE OF INDIAEXTRAORDINARY 5 (6) Ifa person is convicted ofthe offence oftrafficking ofminor on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder ofthat person's natural life, and shall also be liable to fme. (7) When a public servant or a police officer is involved in the trafficking ofany personthen, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainderofthat person's natural life, and shall also be liable to fme.

Section 8 – The CRIMINAL LAW (AMENDMENT) ACT, 2013 | DailyLaw.ai