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Section 145: Habitual Dealing in Slaves

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 371 IPC
Section 144 All 358 Sections of Bharatiya Nyaya Sanhita Section 146

Legal Commentary & Landmark Judgments: Section 145

Section 145 penalizes habitual dealing in slaves, providing that whoever habitually imports, exports, removes, buys, sells, traffics, or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and fine.

  • Habitual Slavery Operations: Requires proof of habitual, continuous commercial dealing in human beings as property.
  • Extreme Penal Sanction: Punishable with imprisonment for life or up to ten years imprisonment.
  • Constitutional Abolition Anchor: Translates the fundamental prohibition of trafficking in human beings and begar under Article 23 of the Constitution into criminal sanctions.
Key Landmark Precedents:
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235 (Asiad Workers Case): A landmark ruling by Bhagwati, J.: holding that forcing human beings to work without fair wages or under bondage constitutes traffic in human beings violative of Article 23 and penal law.
  • Vishal Jeet v. Union of India (1990) 3 SCC 318: Directed eradication of traditional and organized slave-dealing rings.
Courtroom Practice & Strategic Litigation Guidance:

In prosecuting human trafficking syndicates, compile prior FIRs and transit records: showing multiple previous instances of selling human beings establishes the 'habitual' element under Section 145 BNS, justifying a life sentence.

Section 144 All 358 Sections of Bharatiya Nyaya Sanhita Section 146