23 Jul 2026 11:23 AM

Bail -- Newborn Procured for Adoption by Applicant's Daughter -- Ingredient of exploitation under trafficking provision not attracted

Bharatiya Nyaya Sanhita, 2023, S.143 -- Bail -- Newborn Procured for Adoption by Applicant's Daughter -- Ingredient of exploitation as defined in Explanation 1 is not attracted where the accused arranged the child for adoption by an issueless daughter and not for any purpose of physical or sexual exploitation, slavery, servitude, beggary or organ removal. Absence of the exploitative purpose contemplated under the provision takes the case outside the essential ingredients of trafficking, warranting grant of bail.

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