Unlawful compulsory labour
Section 374 of the Indian Penal Code, 1860 deals with unlawful compulsory labour. 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 with fine, or with both. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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 with fine, or with both.
[Sexual offences
Section 374, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 146 Unlawful compulsory labour Text carried over almost unchanged 93%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pydhonie Police Station vs Nazibur Rehman Akmal Nagori USec. 374 IPC
Court's Decision & Legal Precedent
In criminal prosecutions involving child labour offences, the prosecution must prove its case beyond reasonable doubt with consistent, credible, and procedurally sound evidence. Significant inconsistencies in witness testimony regarding material facts (such as the number of alleged victims), failure to name and identify alleged victims despite claims of thorough inquiry, procedural irregularities in evidence collection (such as panchnama preparation at police station rather than at the spot), and absence of documentary evidence establishing essential elements of the offence (such as proprietorship of the establishment) collectively render the prosecution's case unreliable and warrant acquittal. The burden of proof remains on the prosecution throughout, and any reasonable doubt must be resolved in favour of the accused.
On this section: Unlawful compulsion of persons - Court examined whether the accused unlawfully compelled the alleged child labourers against their will. The court found insufficient evidence to prove this element beyond reasonable doubt.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The appellant is the sole accused in the case. Charge was framed by the court below against the accused for the offences punishable under Sections 344, 374 and 306 of the Indian Penal Code (for short 'IPC'). On pleading not guilty to the charges, trial was held. Though she was charged by the court below for the offences punishable under Sections 344 and 374 I.P.C, the commission of those offences having not been established, she was acquitted for those offences. She …
Questions about Section 374
What have the courts held on Section 374 of the Indian Penal Code?
Pydhonie Police Station vs Nazibur Rehman Akmal Nagori USec. 374 IPC (06 Dec 2018) is the leading judgment on this section among those set out below: Unlawful compulsion of persons - Court examined whether the accused unlawfully compelled the alleged child labourers against their will. The court found insufficient evidence to prove this element beyond reasonable doubt.
How do I find court cases under Section 374 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 374, section 374 IPC, section 374 of the Indian Penal Code. People searching for it also type ipc 374 punishment and ipc 374 2 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Pydhonie Police Station vs Nazibur Rehman Akmal Nagori USec. 374 IPC (06 Dec 2018).
What should I read with Section 374 of the Indian Penal Code, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNS 146 (Unlawful compulsory labour), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 374 of the Indian Penal Code come into force?
Section 374 of the Indian Penal Code, cited as IPC 374, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.