A sells his son B to C as a slave. Is the act of A an offence under I.P.C. Has C also committed any offence? If so, under which provision of law? What is the maximum punishment for such an offence?

Question: A sells his son B to C as a slave. Is the act of A an offence under I.P.C? Has C also committed any offence? If so, under which provision of law? What is the maximum punishment for such an offence?

Find the answer to the mains question only on Legal Bites. [A sells his son B to C as a slave. Is the act of A an offence under I.P.C? Has C also committed any offence? If so, under which provision of law? What is the maximum punishment for such an offence?]

Answer

Section 370, Indian Penal Code provides that:

Whoever imports, exports, removes, buys, sells, or disposes of, any person as a slave, or accepts, receives, or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 370 deals with selling or disposal whereby one who claims to have a property in the person as a slave transfers that property to another and therefore can only be understood as directed against attempts to place persons in the position of slaves, or to treat them in a way that is inconsistent with the idea of the person so treated being free as to his property, services, or conduct, in any respect.

Here in the disposal of a person as a slave the presumption of law is that the act is against the will of the person.

In the present case, A sells his son B to C as a slave so his act is punishable for being involved in trafficking of the child as under Section 370, IPC. The maximum punishment for such an offence is 7 years of imprisonment of either description with a fine.

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