Section 374 IPC
Section 374 IPC – Unlawful Compulsory Labour
Bare Provision
“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.”
Essentials
To attract liability under Sec. 374 IPC:
Compulsion to labour – There must be an element of force, coercion, or pressure.
Against the will of the person – If consent is free and voluntary, no offence.
Unlawful compulsion – The act must not be backed by legal authority (e.g., lawful service, military draft is not unlawful).
Mens rea – The accused must have intended to compel labour.
Punishment
Imprisonment (up to 1 year)
Or fine
Or both
Relationship with Constitution
Article 23 of the Indian Constitution prohibits:
Traffic in human beings,
Begar (forced labour),
Other similar forms of forced labour.
Section 374 IPC is the penal provision enforcing this constitutional right.
Illustrations
A zamindar forces a landless labourer to work in his fields without wages → Offence under Sec. 374.
A person is compelled to work under threat of violence or confinement → Offence.
An employee bound by a lawful employment contract is asked to work → Not unlawful compulsion.
Important Case Laws
People’s Union for Democratic Rights v. Union of India (1982) (Asiad Workers Case)
SC held: Non-payment of minimum wages amounts to forced labour under Art. 23.
Sanjit Roy v. State of Rajasthan (1983)
SC held: Even when govt. employs people for famine relief work, they must be paid minimum wages; otherwise it is forced labour.
Bandhua Mukti Morcha v. Union of India (1984)
Bonded labour is unconstitutional and violates Art. 23; Sec. 374 IPC applies.
Summary Table
| Aspect | Explanation |
|---|---|
| Section | 374 IPC |
| Offence | Compelling a person to labour against their will |
| Punishment | Imprisonment up to 1 year, or fine, or both |
| Constitutional Link | Violates Article 23 (Right against exploitation) |
| Key Case Laws | PUDR v. Union of India (1982), Sanjit Roy v. State of Rajasthan (1983), Bandhua Mukti Morcha (1984) |
✅ In short: Section 374 IPC punishes any form of forced labour, making it a criminal offence in addition to being a constitutional violation under Article 23.
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