The Supreme Court has clarified that cases involving the trafficking of children for commercial sexual exploitation (CSE) can be prosecuted under the Protection of Children from Sexual Offences (POCSO) Act, in addition to relevant provisions of the Bharatiya Nyaya Sanhita (BNS) and the Immoral Traffic (Prevention) Act (ITPA).

A Bench of Justices JB Pardiwala and R Mahadevan delivered the ruling while issuing a series of directions aimed at strengthening the protection and rehabilitation of trafficking victims and addressing concerns faced by sex workers.

The Court emphasised that the consent of a trafficking victim cannot be used as a defence where exploitation has been secured through threats, force, coercion, abduction, fraud, deception, abuse of power, abuse of vulnerability, or the exchange of money or benefits.

In the case of children, the Court said consent is legally irrelevant, irrespective of whether any coercive means were employed.

"The consent of a child victim of trafficking is irrelevant. Lack of consent is not an essential ingredient of the offence of trafficking. The focus must remain on the actions and intentions of the traffickers," the Bench observed.

The Court further clarified that a person working in the sex industry may still be a victim of trafficking if they were misled about the nature or conditions of the work and later subjected to exploitation.

Referring to Article 23 of the Constitution, which prohibits human trafficking and forced labour, the Bench noted that constitutional protections against exploitation apply broadly and can be enforced not only against the State but also against private individuals engaged in such practices.

The Court reiterated that Indian law treats every act of sexual exploitation involving a child as non-consensual. Therefore, whenever the facts of a case disclose offences under the POCSO Act, the accused must be charged and prosecuted under its provisions.

The Bench noted that POCSO provides child-sensitive procedures for reporting offences, recording statements and conducting medical examinations, ensuring greater protection for child victims during the criminal justice process.

The observations came in a petition filed by NGO Prajwala seeking stronger measures to combat human trafficking and safeguard the rights of victims of commercial sexual exploitation.

Highlighting the need for a victim-centric approach, the Court said trafficking survivors should not be viewed merely as subjects of rescue operations but as individuals capable of making informed choices about their future and empowerment.

The Court also stressed that investigating officers must adopt a comprehensive approach while dealing with trafficking cases, as multiple laws may apply depending on factors such as the victim's age, the methods used by traffickers and the nature of the exploitation.

"No single law operates in isolation in cases of trafficking for commercial sexual exploitation," the Bench observed, adding that investigators must carefully assess all applicable legal provisions.

Underscoring the importance of rehabilitation, the Court said rescue alone is not enough. Without proper rehabilitation, victims are often pushed back into the same vulnerable conditions that led to their exploitation in the first place.

The Bench held that providing meaningful rehabilitation to trafficking survivors is a constitutional obligation flowing from Articles 21 and 23 of the Constitution.