Section 370 IPC | Consent Of Victim Is Irrelevant For Proving Trafficking; High Court Sustains Conviction Despite Acquittal Under Section 370A(2)

"The process of human trafficking cannot be encapsulated in a rigid or straightjacket formula. Traffickers employ diverse strategies to achieve their illicit objectives, at times resorting to physical force or coercion, and at other times employing deceptive ploys, such as feigning romantic interest." Calcutta High Court, in a significant ruling dated 09 October 2026, held that the consent of a victim is immaterial in establishing the offence of trafficking under Section 370 of the IPC, as traffickers often utilize deceptive ploys such as feigning romantic interest to gain control over their victims.

A bench of Justice Apurba Sinha Ray observed that the mere fact that a victim may have accompanied an accused voluntarily to various locations does not negate the criminality of the act if the underlying intent was to subject the victim to exploitation.

The appellant had challenged his conviction under Sections 370(2) and 370A(2) of the IPC, which deal with trafficking and the exploitation of a trafficked person. The defence argued that the victim had eloped with the appellant willingly and that the subsequent allegations of forced prostitution were improvements made during the trial. It was further contended that the victim's refusal to undergo a gynecological examination and the absence of key details in the FIR rendered the prosecution’s case unreliable.

The primary questions before the court were whether the prosecution could establish the charge of human trafficking despite the victim’s initial voluntary accompaniment, and whether the evidence was sufficient to sustain convictions under both Sections 370(2) and 370A(2) of the IPC.

Court Clarifies Scope of Section 370 IPC

The Court rejected the defence’s contention that the victim's apparent willingness to travel with the appellant absolved him of the charges. Emphasizing the deceptive nature of trafficking, the bench noted that traffickers frequently gain a victim's trust through feigned affection before firmly establishing control. The court held that under Section 370 IPC, the consent of the victim is rendered explicitly immaterial in establishing the offence.

Adverse Inference Due to Refusal of Medical Examination

The court observed that while the victim was vocal about the alleged sexual exploitation, her refusal to allow a medical examination of her private parts created a significant evidentiary void. Noting that the medical officer’s testimony confirmed this refusal, the court invoked Section 114 (Illustration g) of the Indian Evidence Act, drawing an adverse inference against the prosecution's claim regarding the completed acts of forced sexual exploitation under Section 370A(2).

Court Analyzes Evidence on Section 370A(2)

Regarding the charge under Section 370A(2) IPC, the court found the evidence inconclusive. While the court was convinced that the convict transported the victim to a red-light area in Chyangrabandha with the intent of exploitation, it remained unsatisfied that the prosecution had proven the actual occurrence of forced commercial sexual exploitation by third parties. Consequently, the conviction under Section 370A(2) was set aside, leading to a partial acquittal.

Conviction Affirmed under Section 370(2)

Despite the acquittal on the exploitation charge, the court affirmed the conviction under Section 370(2) IPC. It held that the convict’s intent and preparatory acts—specifically securing accommodation in a red-light area under false pretenses of marriage—constituted the core ingredients of trafficking. The court concluded that the prosecution had successfully proven the fraudulent transport of the victim for the purpose of exploitation, even if the completed act of forced prostitution was not established beyond reasonable doubt.

Date of Decision: 09 October 2026