The Offences, and the Trial

In one line

Sections 16 to 27 create the offences, make them cognizable and bailable, permit trial by an Executive Magistrate, and bar the jurisdiction of the civil courts.

The four offences

Section 16: whoever, after the commencement, compels any person to render any bonded labour shall be punishable with imprisonment which may extend to three years and also with fine which may extend to two thousand rupees.

Section 17: whoever advances any bonded debt after the commencement is punishable with the same imprisonment and fine.

Section 18: whoever enforces any custom, tradition, contract, agreement or other instrument by virtue of which a person, a member of their family or a dependant is required to render service under the bonded labour system is punishable with the same imprisonment and fine, and the court shall in addition direct the person to pay to the bonded labourer such sum as the court may deem fit for the value of the service.

Section 19: whoever, having been directed to restore possession of property to a bonded labourer under section 7 or section 8, omits or fails to do so within thirty days is punishable with imprisonment which may extend to one year or with fine up to one thousand rupees, or both, and the court shall direct that the whole or part of the fine be paid to the bonded labourer as compensation.

Section 20: abetment of any offence under the Act is punishable with the same punishment as the offence abetted, whether or not the offence abetted is committed, and abetment has the meaning assigned to it in the Indian Penal Code.

Sections 21 to 23: the procedure

Section 21: the State Government may confer on an Executive Magistrate the powers of a Judicial Magistrate of the first class or of the second class for the trial of offences under the Act, and on such conferment the Executive Magistrate is deemed for the purposes of the Code of Criminal Procedure, 1973 to be a Judicial Magistrate.

Section 22: every offence under the Act shall be cognizable and bailable.

Section 23: offences by companies, with the usual provision making the person in charge of and responsible to the company liable along with the company, subject to a defence of absence of knowledge and due diligence, and with liability extending to a director, manager, secretary or other officer whose consent, connivance or neglect is proved.

Sections 24 to 27

Section 24: protection of action taken in good faith, barring suit, prosecution or other legal proceeding against the Central Government, a State Government or any officer for anything done or intended to be done in good faith.