Women Trafficking Lawyer in Delhi

KIDNAPPING
ORIGINAL JURISDICTION:
Triable by Magistrate of First Class

BRIEF:
Under the Indian Penal Code, 1860 kidnapping has been defined under Section 359 as; kidnapping can be of 2 kinds:

1. Kidnapping from India
2. Kidnapping from lawful guardianship

Section 360 defines Kidnapping from India as; when any person conveys another, without the consent of that person or of any other person who is legally authorized to give consent on that persons behalf, and conveys them out of the limits of India, is said to kidnap that person from India.
Section 361 defines Kidnapping from lawful guardianship as; when a person takes or entices any:

1. male under 16 years of age
2. female under 18 years of age
3. person of unsound mind

without the consent of the lawful guardian, is said to kidnap such minor or person from lawful guardianship.

ABDUCTION
ORIGINAL JURISDICTION:
Triable by Magistrate of First Class

BRIEF:
Under the Indian Penal Code, 1860 abduction has been defined under Section 362 as; whoever with force or by deceitful means induces anyone to go from one place to another is said to abduct that person.
The following sections are related to the offence of kidnapping and abduction and their punishments:

Section	Offence	Punishment	Cognizance	Bail	Compoundable
363	Punishment for Kidnapping	Imprisonment for 7 years + Fine	Cognizable [Triable by Magistrate of First Class]	Bailable	Non – Compoundable
363A	Kidnapping a minor for purposes of begging	Imprisonment for 10 years + Fine	Cognizable [Triable by Magistrate of First Class]	Non - Bailable	Non - Compoundable
	Kidnapping and maiming a minor for purposes of begging	Imprisonment for life + Fine	Cognizable [Triable by Court of Session]	Non - Bailable	Non - Compoundable
364	Kidnapping or abducting in order to murder	Imprisonment for life or rigorous imprisonment for 10 years + Fine	Cognizable [Triable by Court of Session]	Non – Bailable	Non – Compoundable
364 A	Kidnapping for ransom, etc.	Death, or imprisonment for 7 years + Fine	Cognizable [Triable by Court of Session]	Non – Bailable	Non – Compoundable
365	Kidnapping or abducting with intent secretly and wrongfully to confine person	Imprisonment for 7 years + Fine	Cognizable [Triable by Magistrate of First Class]	Non – Bailable	Non – Compoundable
366	Kidnapping, abducting or inducing woman to compel her marriage, etc.	Imprisonment for 10 years + Fine	Cognizable [Triable by Court of Session]	Non – Bailable	Non – Compoundable
366 A	Procuration  of minor girl	Imprisonment for 10 years + Fine	Cognizable [Triable by Court of Session]	Non – Bailable	Non – Compoundable
366 B	Importation of girl from foreign country	Imprisonment for 10 years + Fine	Cognizable [Triable by Court of Session]	Non – Bailable	Non – Compoundable
367	Kidnapping or abducting in order to subject person to grievous hurt	Imprisonment for 10 years + Fine	Cognizable [Triable by Court of Session]	Non – Bailable	Non – Compoundable
368	Wrongfully concealing or keeping in confinement, kidnapped or abducted person	Punishment for kidnapping or abducting	Cognizable [Triable by court by which the kidnapping or abduction is triable]	Non – Bailable	Non – Compoundable
369	Kidnapping or abducting child under ten years with intent to steal from its person	Imprisonment for 7 years + Fine	Cognizable [Triable by Magistrate of First Class]	Non – Bailable	Non – Compoundable

TRAFFICKING
ORIGINAL JURISDICTION:
Triable by Court of Session

BRIEF:
Under the Indian Penal Code, 1860 trafficking of person has been defined under Section 370 as; any person who, for the purpose of exploitation, recruits, transports, harbours, transfers or receives, any person or number of persons by way of:

1. using threats
2. using force or any other form of coercion
3. by way of abduction
4. by practicing fraud or deception
5. by abusing the power
6. by inducement, which includes giving or receiving payments or benefits, to achieve consent of the person in charge of the person getting trafficked or having control over the person’s recruitment, transportation, harbouring, transferring or receiving

is said to commit the offence if trafficking.
The punishment for trafficking can be understood through the table below:

Section	Offence	Punishment	Cognizance	Bail	Compoundable
370	Trafficking of person	Imprisonment of not less than 7 years but which may extend to 10 years + Fine	Cognizable	Non - Bailable
	Trafficking of more than one person	Imprisonment of not less than 10 years but which may extend to imprisonment for life + Fine	Cognizable	Non - Bailable
	Trafficking of a minor	Imprisonment for not less than 10 years but which may extend to imprisonment for life + Fine	Cognizable	Non - Bailable
	Trafficking of more than one minor	Imprisonment for not less than 14 years but which extend to imprisonment for life + Fine	Cognizable	Non - Bailable
	Person convicted of offence of trafficking of minor on more than one occasion	Imprisonment for life which shall mean the remainder of that person’s natural life + Fine	Cognizable	Non - Bailable
	Public servant or a police officer involved in trafficking of minor	Imprisonment for life which shall mean the remainder of that person’s natural life + Fine	Cognizable	Non - Bailable
370 A	Exploitation of a trafficked child	Imprisonment for not less than 5 years but which may extend to 7 years + Fine	Cognizable	Non - Bailable
	Exploitation of a trafficked person	Imprisonment of not less than 3 years but which may extend to 5 years + Fine	Cognizable	Non - Bailable
371	Habitual dealing in slaves	Imprisonment for life, or imprisonment for 10 years + Fine	Cognizable	Non - Bailable	Non – Compoundable
372	Selling minor for purpose of prostitution	Imprisonment for 10 years + Fine	Cognizable	Non - Bailable	Non – Compoundable
373	Buying minor for purposes of prostitution	Imprisonment for 10 years + Fine	Cognizable	Non - Bailable	Non – Compoundable
374	Unlawful compulsory labour	Imprisonment for 1 year, or fine, or both	Cognizable [Triable by any Magistrate]	Bailable	Non-Compoundable