MHA writes to states, UTs to focus on 'counter trafficking in person' enforcing 'Naveen Nayay Sanhita'

New Delhi [India]: The Ministry of Home Affairs (MHA) has written to all the states and the Union Territories (UTs) to focus on "countering trafficking in persons" by integrating the Naveen Nyaya Sanhita (three new criminal laws) and using technology, as well as the essential role of state leadership and ownership to curb the menace, which it stressed as an "important priority" of the Central government to prevent and combat the crime of human trafficking.

In the five-page letter issued on August 28 by the MHA's Women Safety Division, the chief secretaries and Directors General of Police (DGP) from of all states and the UTs were asked to enforce the provisions of the Naveen Nyaya Sanhita-- the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023-- to their "maximum potential" with complete administrative vigour as the roll-out phase of the laws is now completed, noting it is an "exclusive mandate of the states and UTs" to make sure the enforcement of the new criminal justice system.

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Preventing and combating the crime of human trafficking is an important priority of the Central government. While the Union government has provided a comprehensive statutory and digital roadmap, the functional success of these reforms is dependent on the decisive leadership of states and UTs, and the efficiency and rigour with which these tools are used by them.

It is further stated in the note that the advanced legal architecture, augmented by digital tools, provides the precision required to "dismantle networks of exploitation" following the successful adoption of the three criminal laws and full updation of the criminal justice framework.

The MHA also mentioned the guidelines issued for guidance and strict compliance by all states and the UTs using the "full power" of the new legal framework, as the new laws (Naveen Nyaya Sanhitas) provide a much stronger basis to prosecute traffickers and dismantle their syndicates.

It says the new and strengthened legal provisions are highlighted for the benefit of all states and the UTs, "targeting the Criminal Network (Section 111 Bharatiya Nyaya Sanhita, 2023)", pointing out that "human trafficking is rarely an isolated crime" and that "it is typically the work of organised syndicates."

The ministry emphasised that "the investigating officers must invoke Section 111 of the Bharatiya Nyaya Sanhita, 2023 to dismantle networks", and action must not be limited to low-level actors but the law must be used to seize their assets and neutralise the "kingpins" and financiers who operate from the shadows, often in the guise of legitimate business."

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Mentioning the strict application of penalties (Sections 143 and 144 Bharatiya Nyaya Sanhita, 2023), the ministry said, there should be "no ambiguity in applying these sections, particularly in cases involving minors or multiple victims" and "the prosecution must seek the highest possible penalties, including life imprisonment."

For the enforcement of particular sections of these new laws, the ministry also suggested that officers must be professionally trained to identify and prove every stage of the crime-from recruitment and transit to the final form of exploitation.

It is also suggested to focus on "digital proof as primary evidence", under which the provisions of the Bharatiya Sakshya Adhiniyam, 2023 must be leveraged to secure digital trails, including encrypted chats, financial transactions, and geolocation data. "Under the new laws, in terms of Section 57 of the Bharatiya Sakshya Adhiniyam, 2023 (explanations 1-7), electronic records are treated as primary evidence, subject to fulfilment of specific conditions laid down therein."

There is a mandatory requirement to record every search and seizure operation (through audio-video electronic means under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023) related to trafficking. This serves as a "digital shield" to protect the integrity of the evidence.

Besides, there is a specific focus on mandatory forensic evidence collection (Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023), protecting the victim through technology (Bharatiya Nagarik Suraksha

Sanhita, 2023) to prevent re-traumatisation. The new provisions such as Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, mandate audio-video recording of sexual offence victims' statements by a

woman Judicial Magistrate, and Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which authorises a woman police officer to record a sexual assault victim's statement using audio-video means, reduce the need for multiple court appearances, thereby protecting the victims from potential threats or intimidation by traffickers.

The MHA further informed in the note that the ministry has provided financial assistance under the Nirbhaya fund to strengthen the physical infrastructure of Anti-Human Trafficking Units (AHTUS). However, it clarified that the functional success and the actual impact of these units lie squarely with the states and the UTs, who have to deploy suitable staff to man these units and to effectively monitor their functioning.

"States must ensure that every Anti-Human Trafficking Unit is fully staffed, specialised, and actively engaged in the field and does not remain merely an empty formality. These Units must transition from paper-based existence to active, specialised task forces that are prioritised in policing."

To effectively tackle labour trafficking in industries such as brick kilns, textiles, and domestic work, the MHA directed the states to establish formal coordination protocols with suggestions that the AHTUs should work in close synergy with all departments of the state and the UT to ensure a unified response.

It is also suggested that the states should designate specialised Public Prosecutors for Trafficking in Persons (TIP) cases, which is essential to ensure that legal complexities-such as proving "force, fraud, or coercion" under Sections 143/144 of the Bharatiya Nyaya Sanhita, 2023-are effectively argued.

In coordination with the respective state High Courts, the MHA stated: "trafficking trials must be prioritised in Special Courts."

To ensure no victim is overlooked, the ministry emphasised "identification protocols" to cover all genders and every industry vulnerable to exploitation, noting that labour trafficking in sectors such as brick kilns, stone quarries, and unregulated manufacturing often remains under-reported. "States must conduct regular, unannounced inspections in these high-risk industries. Field personnel and labour inspectors

must be specifically trained to identify victims of exploitation, including men and boys, who are often overlooked in traditional trafficking narratives."

Apart from that, the MHA stressed the need for data-Driven and risk-based interventions, technological force multipliers, proactive cyber surveillance, digital vigilance and identification, inter-state synergies and real-time alerts for known traffickers moving across state borders through the Cri-MAC platform.

To ensure seamless prosecution in complex cross-border cases, the MHA suggested that the states are encouraged to establish Joint Investigation Teams (JITs), allowing for the sharing of evidence and resources across state lines.

The MHA further raised fingers on a dangerous form of trafficking that emerged through "overseas recruitment scams," where victims are lured with high-paying jobs only to be trapped in "CyberFraud Centres." To counter this, it asked the states to take specialised offensive steps, with suggestions that the State Cyber Cells must maintain constant vigil over social media and job portals for suspicious offers. Under the Bharatiya Sakshya Adhiniyam (BSA).

The ministry also noted that "the fight against human trafficking serves as a definitive benchmark of constitutional obligation and administrative efficacy."

"While the Union Government provides the legal roadmap and the technological tools, it must be recognised that the actual impact is realised only through effective execution in the field at the level of States and UTs. The Government of India solicits the full cooperation of all concerned in this regard, as the successful implementation of these measures is contingent upon the commitment, leadership, and proactive engagement of all the states and the UTs at the field level."

To ensure the intended outcomes are achieved, the MHA further said it is essential that the instructions contained in its advisory are effectively disseminated to all field-level officers, including those at the police station level. It is further requested that they should be adequately briefed on the latest legal provisions as well as the technological initiatives introduced by the Central government, for which the MHA separately supports the states and UTs financially by providing them funds for organising periodic awareness and sensitisation programmes for "state-level conferences" and holding "judicial colloquiums".