How to report sexual exploitation and trafficking (BNS 143 and 72)

The situation on the ground

Imagine hearing a story from a village in North Kashmir where basic survival—like a single roti—is being traded for sexual favours. It sounds like a plot from a dark movie, but reports of insurgents or traffickers exploiting vulnerable women by weaponising poverty are a grim reality. Whether it is an insurgent group using coercion or a local predator taking advantage of a family's desperation, this is not just a 'social issue'—it is a serious criminal offence.

If you are a young person in Jammu & Kashmir and you become aware of such exploitation, your first instinct might be fear or silence. You might think the system is too complex or that reporting it will put you in danger. This guide breaks down how the law protects victims of trafficking and exploitation, and the specific steps you can take to trigger a state response without needing to navigate the jargon of a courtroom. You don't need to wait for a public outcry to act; the law already provides the machinery for protection.

What the law actually says

Since July 1, 2024, India's criminal legal framework has transitioned to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Nagarik Suraksha Sanhita (BNSS). These laws have specific, strengthened provisions for trafficking and sexual exploitation.

1. Human Trafficking (Section 143, BNS)

Human trafficking is no longer just about 'moving' people. Under Section 143 of the BNS (which replaces Section 370 of the IPC), trafficking is defined as the recruitment, transportation, harbouring, or receipt of a person for exploitation. If someone uses force, coercion, abduction, or the 'abuse of power or a position of vulnerability' to obtain sexual favours, they are committing trafficking. The law specifically mentions that 'exploitation' includes sexual exploitation.

2. Exploitation by Authority (Section 72, BNS)

If the person demanding favours is in a position of authority—this could be a member of an armed group, a local official, or anyone who can influence the victim's survival—they can be charged under Section 72 of the BNS. This section deals with sexual intercourse by a person in authority or in a fiduciary relationship.

3. The Right to a Woman Officer (Section 173, BNSS)

Under Section 173 of the BNSS, if a woman is reporting a sexual offence, the information must be recorded by a woman police officer. You have the right to demand this. Furthermore, for offences like trafficking or sexual assault, the police are legally mandated to register an FIR immediately. This is backed by the Supreme Court judgment in Lalita Kumari v. Govt. of U.P. (2014), which remains the standard for mandatory FIR registration in cognizable offences.

4. Zero FIR

You do not have to go to the specific police station where the crime occurred. Under the BNSS, you can file a 'Zero FIR' at any police station in India. They are required to record your complaint, give it a serial number '0', and then transfer it to the relevant jurisdiction. This is crucial in sensitive areas where you might feel unsafe visiting a local station.

Step-by-step playbook

Step 1: Secure the information and stay safe

Before you report, ensure you are not putting yourself or the victim in immediate physical danger. Do not attempt to 'sting' or confront insurgents or traffickers yourself.

• What to collect: Note down dates, locations, and names (if known). If there are digital communications (WhatsApp messages, recordings), do not delete them.
• Confidentiality: If you are reporting on behalf of someone else, do not share the victim's name on social media. Under Section 72 of the BNS, disclosing the identity of a victim of certain sexual offences is a punishable crime.

Step 2: Contact the Anti-Human Trafficking Unit (AHTU)

Jammu & Kashmir has dedicated Anti-Human Trafficking Units (AHTUs) in various districts. These units are trained to handle cases of exploitation more sensitively than a regular 'thana'.

• What to do: Call the Women’s Helpline at 181 or the National Helpline at 112. Specifically ask to speak with the AHTU of your district (e.g., Srinagar, Baramulla, or Jammu).
• Timeline: These helplines are 24/7. An initial response or referral usually happens within 2–4 hours.

Step 3: Filing the FIR (or Zero FIR)

Go to the nearest police station or use the JK Police Citizen Portal.

• What to bring: Your Aadhaar (optional but helpful), any evidence you have, and a written statement of the facts.
• What to say: "I want to report a case of human trafficking under Section 143 of the BNS. I want my statement to be recorded by a woman officer as per Section 173 of the BNSS."
• If they refuse: If the officer refuses to file the FIR, mention the Lalita Kumari judgment. If they still refuse, you can send the complaint via registered post to the Superintendent of Police (SP) under Section 173(4) of the BNSS.
• Internal link: For a detailed guide on this process, see How to file an FIR (and what to do if police refuse).

Step 4: Medical Examination and Recording of Statement

Once the FIR is filed, the victim must undergo a medical examination (Section 184, BNSS) within 24 hours.

• What to expect: The examination must be done by a female registered medical practitioner.
• Magistrate Statement: Under Section 183 of the BNSS, the police must take the victim to a Magistrate to record their statement. This statement is vital because it is admissible in court and reduces the pressure on the victim during the trial.

Step 5: Accessing Legal Aid and Shelter

Victims of trafficking are entitled to free legal aid and rehabilitation.

• NALSA: Contact the District Legal Services Authority (DLSA) in your district court complex. They provide a lawyer free of cost regardless of your income if you are a victim of trafficking.
• Shelter: The Social Welfare Department of J&K operates 'Ujjawala' homes specifically for victims of trafficking.
• Internal link: If children are involved, immediately contact Childline India: 1098.

Step 6: Reporting Insurgent-linked Crimes

If the exploitation is linked to insurgent groups, the case may involve the Unlawful Activities (Prevention) Act (UAPA).

• What to do: In such cases, it is often safer to report directly to higher-ranking officials like the Deputy Inspector General (DIG) or via the MHA Cyber Crime Portal if there is an online element (like recruitment via social media).

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Where it usually breaks

Reporting exploitation in sensitive areas isn't just about knowing the law; it’s about navigating a system that often resists movement. Here is where the process typically hits a wall and how you can push through:

1. The "Consensual" Trap: Police officers might try to dismiss the case by saying the victim "agreed" to the act in exchange for food or money. The Workaround: Under Section 143 of the BNS, "consent" is completely irrelevant if it was obtained through the abuse of power or a position of vulnerability. If an officer says it was consensual, remind them (politely but firmly) that "vulnerability-based exploitation" is the legal definition of trafficking.
2. Refusal to File FIR (The "Go Away" Tactic): In high-pressure zones, local police might be hesitant to take on cases involving influential groups or insurgents. The Workaround: Use the Lalita Kumari v. Govt. of U.P. (2014) precedent. If they refuse, send your complaint via Registered Post AD to the Senior Superintendent of Police (SSP) of your district. Under Section 173(4) of the BNSS, the SSP is then duty-bound to either investigate or direct an investigation.
3. Jurisdictional Ping-Pong: A station might tell you to go to the "specific area" where the crime happened. The Workaround: Demand a Zero FIR. Under current BNSS guidelines, any police station must record the information regardless of where the crime occurred. They can transfer it later; your job is to get that receipt (acknowledgement) immediately.
4. Victim Identity Leaks: There is a high risk of the victim's name being leaked to the community or the accused. The Workaround: Remind the recording officer of Section 72 of the BNS. Explicitly state in your written complaint: "I request that the identity of the victim be protected as per Section 72 of the Bharatiya Nyaya Sanhita and relevant Supreme Court guidelines."
5. Digital Portal Failures: The J&K Police "Citizen Portal" or the National Crime Reporting Portal (cybercrime.gov.in) might lag or time out. The Workaround: Don't wait for the site to load. Take a screenshot of the error, and immediately use the 112 helpline or go to the nearest Anti-Human Trafficking Unit (AHTU) office in person.

Templates / script

A. Script for calling the 112 / 181 (Women's Helpline)

"Hello, I want to report a case of human trafficking and sexual exploitation under Section 143 and Section 72 of the BNS. The victim is being coerced into sexual favours in exchange for basic survival/food. This is happening at [Location]. I am a witness/concerned citizen. I need this to be escalated to the District Anti-Human Trafficking Unit (AHTU) immediately. Please provide me with a reference number for this call."

B. Written Complaint Template (to be submitted to the SHO or SSP)

To, The Station House Officer / Senior Superintendent of Police, [District Name], Jammu & Kashmir.

Subject: Information regarding Commission of Cognizable Offences under Sections 143 and 72 of the BNS.

Respected Sir/Madam,

I am writing to bring to your immediate attention a case of human trafficking and sexual exploitation.

1. Nature of Offence: [Describe what is happening—e.g., a person in authority is demanding sexual favours in exchange for food/survival items].
2. Location: [Be as specific as possible].
3. Accused Details: [Names or descriptions of the individuals/groups involved, if known].
4. Legal Context: This act constitutes trafficking under Section 143 of the Bharatiya Nyaya Sanhita (BNS) as it involves the 'abuse of a position of vulnerability' for exploitation. Furthermore, it attracts Section 72 of the BNS due to the abuse of authority.

As per the Supreme Court’s judgment in Lalita Kumari v. Govt. of U.P., the registration of an FIR is mandatory for cognizable offences. I request you to:

• Register an FIR (or Zero FIR) immediately.
• Ensure the victim's statement is recorded by a woman officer as per Section 173 of the BNSS.
• Provide protection to the victim and maintain strict confidentiality of their identity.

Attached: [Any evidence like photos, screenshots, or witness details].

Sincerely, [Your Name/Anonymous Citizen] [Your Contact Number] Date: 2026-06-11

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FAQs

Q1: Can I report this anonymously? Yes. You can call the 112 or 1091 (Women Helpline) or use the 'Report Anonymously' feature on the National Crime Reporting Portal. However, for a full investigation and FIR, the police will eventually need a statement. If you fear for your safety, you can request "Whistleblower" style protection, though this is practically difficult; it's better to report through a local NGO or the State Legal Services Authority (JKSLSA).

Q2: What if the person demanding favours is a government official or a security person? The law applies to everyone. Under Section 72 of the BNS, any person in a position of authority who uses that position to obtain sexual favours can be prosecuted. You should escalate such cases directly to the SSP or the Divisional Commissioner’s office to avoid local interference.

Q3: Is "trading sex for food" really trafficking? Yes. Section 143 BNS defines trafficking as the recruitment or harbouring of persons for "exploitation" by "abuse of power or of a position of vulnerability." If someone is so poor they are trading food for sex, they are in a "position of vulnerability," and the person taking advantage of them is a trafficker.

Q4: How much does it cost to file an FIR or get legal help? Filing an FIR is free. You should never pay a fee at a police station. For legal representation, if the victim cannot afford a lawyer, they are entitled to a free lawyer through the Jammu & Kashmir State Legal Services Authority (JKSLSA) under the Legal Services Authorities Act, 1987.

Q5: What is the timeline for police action? Under Section 173 of the BNSS, for sexual offences, the investigation should ideally be completed within two months of filing the FIR. If there is no progress within 15 days, you can file an RTI (Right to Information) application under Section 6(1) of the RTI Act 2005 to the Public Information Officer (PIO) of the District Police asking for the "Daily Progress Report" of your FIR.

Q6: Can the victim get financial help? Yes. Under the Victim Compensation Scheme (managed by the JKSLSA), victims of trafficking and sexual assault are eligible for financial compensation for rehabilitation, medical expenses, and psychological support. This is independent of whether the accused is convicted or not.

Q7: What if the police say it's a "local matter" and refuse to interfere? There is no such thing as a "local matter" when it comes to trafficking. If the local station refuses, you can approach the Judicial Magistrate under Section 175(3) of the BNSS to seek an order for the police to investigate the matter. This is a powerful check against police inaction.