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Section 141: Importation of Child from Foreign Country

Bharatiya Nyaya Sanhita • Chapter VI: Of Offences Affecting the Human Body • Official Statutory Text & Legal Guide

Chapter VI: Of Offences Affecting the Human Body
Court of Session
Non-Bailable
Cognizable
Formerly Sec 366B IPC
Section 140 All 358 Sections of Bharatiya Nyaya Sanhita Section 142

Legal Commentary & Landmark Judgments: Section 141

Section 141 penalizes the importation of a child from a foreign country or from any state with intent that such child may be forced or seduced to illicit intercourse, prescribing imprisonment of either description for a term which may extend to ten years, and fine.

  • Cross-Border Child Importation: Importing any child under eighteen years into India from any foreign country or state.
  • Commercial or Sexual Exploitation: Done with intent or knowledge that the child will be forced or seduced to illicit intercourse.
  • Anti-Human Trafficking Mechanism: Operates alongside international treaties and Section 143 BNS to combat transnational child trafficking.
Key Landmark Precedents:
  • Pradeep Kumar v. State of Bihar (2007) 7 SCC 413: The Supreme Court affirmed that importing vulnerable minor girls across international borders for commercial sexual exploitation warrants severe custodial sentencing under Section 366B IPC (Section 141 BNS).
  • Vishal Jeet v. Union of India (1990) 3 SCC 318: Directed strict police surveillance at border crossings to prevent trafficking of foreign minor girls.
Courtroom Practice & Strategic Litigation Guidance:

In cross-border trafficking prosecutions (e.g. Indo-Nepal or Indo-Bangladesh transit points), produce border immigration logs and verify victim age: demonstrating that the victim is under 18 and was brought without guardian travel permits establishes Section 141 BNS guilt.

Section 140 All 358 Sections of Bharatiya Nyaya Sanhita Section 142