Human trafficking: Soul of Section 370 is exploitation, says HC

The High Court of Karnataka has observed that exploitation is the soul of the provision under IPC section 370, the offence of human trafficking. Quashing the proceedings for human trafficking against a petitioner, the court noted that the charge was made based on the suspicion and some financial transaction.

The prosecution case was that the Assistant Immigration Officer at the Kempegowda International Airport (KIA) on suspicion questioned three Indian nationals headed to Kuala Lumpur on July 20, 2019. The official found that the passengers were traveling in a group and accompanied by another person, the petitioner.

On the information provided by the passengers it was revealed that they were being taken by the petitioner, a resident of Punjab, to Kuala Lumpur for employment purposes on tourist visa. It was also revealed that the petitioner was introduced to them by another agent and they had paid some amounts to the petitioner and others.

A case was registered against the petitioner under IPC section 370 at KIA police station and a charge sheet was filed before the jurisdictional court in Devanahalli. In the charge sheet it is presumed that the petitioner had indulged in human trafficking and therefore, IPC section 370 was invoked.

The court pointed out that IPC section 370 deals with trafficking of a person and has manifold ingredients. Justice M Nagaprasanna further observed that the soul of the provision under IPC section 370 is exploitation.

"There is no allegation in the complaint made by any victim alleging exploitation by the petitioner. The complaint, investigation and wavering statements of the persons, who accompanied the petitioner created suspicion in the mind of the Immigration Officer. The suspicion was on account of the statement of handing over some cash to the petitioner by the people who accompanied him. This cannot, in my considered view, be enough circumstance to prosecute the petitioner for offence punishable under Section 370 of the IPC for human trafficking," the court said.

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