Women Trafficking

Women Trafficking 

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:

Kidnapping from India

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:

 

male under 16 years of age

female under 18 years of age

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.

 

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:

using threats

using force or any other form of coercion

by way of abduction

by practicing fraud or deception

by abusing the power

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.