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Section 146: Unlawful Compulsory Labour

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

Chapter VI: Of Offences Affecting the Human Body
Any Magistrate
Bailable
Cognizable
Formerly Sec 374 IPC
Section 145 All 358 Sections of Bharatiya Nyaya Sanhita Section 147

Legal Commentary & Landmark Judgments: Section 146

Section 146 penalizes unlawful compulsory labour, providing that whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or fine, or both.

  • Unlawful Compulsion to Work: Compelling any person to work physically against their voluntary will through coercion, debt bondage, or confinement.
  • Bonded Labour Abolition Interplay: Operates alongside the Bonded Labour System (Abolition) Act, 1976 and Article 23 of the Constitution.
  • Abolition of Begar & Forced Labour: Penalizes brick kiln owners, contractors, and landlords forcing domestic or agricultural servants into unpaid servitude.
Key Landmark Precedents:
  • People's Union for Democratic Rights v. Union of India (1982) 3 SCC 235: The Supreme Court held that where a person provides labor for remuneration less than statutory minimum wages, it falls under the definition of 'forced labor' under Article 23 and penal provisions.
  • Bandhua Mukti Morcha v. Union of India (1984) 3 SCC 161: The Constitution Bench issued historic directives identifying, releasing, and rehabilitating bonded laborers forced to work in stone quarries and brick kilns.
Courtroom Practice & Strategic Litigation Guidance:

In industrial contractor disputes where workers' passports or ID cards are confiscated to force them to work overtime, file proceedings under Section 146 BNS: retaining identity papers to prevent departure constitutes unlawful compulsory labor.

Section 145 All 358 Sections of Bharatiya Nyaya Sanhita Section 147