Section 146 of BNS 2023: Penalties for Unlawful Compulsion of Labor

Overview

Section 146 of BNS 2023 addresses the offense of unlawfully compelling a person to labor against their will. This section outlines the penalties for such acts to protect individuals from forced labor and ensure their freedom and rights.

Punishment

  • Imprisonment: Up to one year
  • Fine: As determined by the court
  • Both: Imprisonment and fine

Key Elements

  • Unlawful Compulsion: The act of forcing a person to work against their will.
  • Against the Will: The labor must be compelled without the person’s consent.

Examples

  1. Forced Labor: An employer forces an employee to work extra hours without consent, threatening them with harm if they refuse. This act is punishable under Section 146.
  2. Coerced Work: A person is coerced into performing labor through threats or intimidation. This falls under the provisions of Section 146.

Historical Context

The protection of individuals from forced labor has been a fundamental aspect of human rights laws globally. The Indian Penal Code (IPC) provided initial measures to combat forced labor, which BNS 2023 enhances to address contemporary issues and enforce stricter penalties.

Legislative Intent

The legislative intent behind Section 146 of BNS 2023 is to protect individuals from being compelled to labor against their will. By imposing clear penalties, the law aims to deter such practices and uphold the rights and freedoms of individuals.

Conclusion

Section 146 of BNS 2023 is essential for safeguarding individuals from forced labor. By defining clear penalties for unlawful compulsion of labor, it ensures the protection of personal freedom and promotes a more just and equitable society.


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