A unlawfully compels B to labour against his will. Has A committed any offence under I.P.C.? If so, refer to relevant provision in this regard.

Question: A unlawfully compels B to labour against his will. Has A committed any offence under I.P.C.? If so, refer to the relevant provisions in this regard.

Find the answer to the mains question only on Legal Bites. [A unlawfully compels B to labour against his will. Has A committed any offence under I.P.C.? If so, refer to the relevant provisions in this regard.]

Answer

Section 370. Trafficking of 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.— using threats, or

Secondly.— using force, or any other form of coercion, or

Thirdly.— by abduction, or

Fourthly.— by practising fraud, or deception, or

Fifthly.— by abuse of power, or

Sixthly.— 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 I.— 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 determination of the offence of trafficking.

When a person commits the offence of trafficking is punished with rigorous imprisonment for a term not less than seven years, which may extend to ten years, and a fine.

Since the consent of the victim is immaterial in the determination of the offence of trafficking, whether the coercion in the present case at hand was done lawfully or unlawfully, A is liable for trafficking of B under Section 370, IPC.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. IPC Mains Questions Series Part I: Important Questions
2. IPC Mains Questions Series Part II: Important Questions
3. IPC Mains Questions Series Part III: Important Questions
4. IPC Mains Questions Series Part IV: Important Questions
5. IPC Mains Questions Series Part V: Important Questions
6. IPC Mains Questions Series Part VI: Important Questions
7. IPC Mains Questions Series Part VII: Important Questions
8. IPC Mains Questions Series Part VIII: Important Questions
9. IPC Mains Questions Series Part IX: Important Questions
10. IPC Mains Questions Series Part X: Important Questions

---

1. Law Library: Notes and Study Material for LLB, LLM, Judiciary and Entrance Exams
2. Legal Bites Academy – Ultimate Test Prep Destination