Court observes lack of evidence for trafficking conspiracy, grants bail to accused under new Indian legal provisions.
In a significant development, the Madhya Pradesh High Court has granted bail to Smt. Rubina, who was accused in a case involving alleged child trafficking and illegal adoption under the Bharatiya Nyaya Sanhita, 2023, and the Juvenile Justice (Care and Protection of Children) Act, 2015. The judgment, delivered by Justice Gajendra Singh on July 16, 2026, analyzed the charges against Rubina, who was primarily accused of being a recipient of a child through an intermediary.
The case, registered as Misc. Criminal Case No. 29110 of 2026, revolved around allegations that a woman, identified as 'H', was coerced into giving up her newborn child under financial duress. The intermediary, Sonu, supposedly facilitated the child's handover to Rubina without following legal adoption procedures. The police arrested Rubina based on claims that she was actively participating in a trafficking conspiracy. However, upon reviewing the material evidence, the High Court concluded that the essential elements of 'exploitation' as defined under the Bharatiya Nyaya Sanhita, 2023 were not applicable in this instance.
Justice Singh, in his detailed analysis, noted that Rubina's role was limited to being a recipient without any direct involvement in the conspiracy or active participation in the alleged trafficking. The judgment emphasized that the prosecution failed to establish any financial transaction or intention of commercial gain by Rubina. The court further pointed out that the entire incident appeared more aligned with an informal adoption arrangement rather than a trafficking scheme.
The court also considered the provisions under Section 81 of the Juvenile Justice Act, which prescribes a maximum penalty of five years for non-compliance with adoption procedures. It highlighted that this section could not solely be attributed to Rubina, given the circumstances and the roles played by other accused individuals.
The court directed Rubina's release on a personal bond of Rs. 50,000, with conditions to ensure her presence during the trial proceedings. This decision underscores the judiciary's nuanced approach in differentiating between illegal adoption arrangements and criminal trafficking activities under the newly enacted Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita.
Bottom line:-
Bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 - Allegations of trafficking under Section 143 of Bharatiya Nyaya Sanhita, 2023 and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 - Court observed that essential ingredients of 'exploitation' under Section 143, BNS, 2023 not attracted - Applicant shown as recipient of child through intermediary, without active participation in conspiracy - Bail granted.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Bharatiya Nyaya Sanhita, 2023 Section 143, Juvenile Justice (Care and Protection of Children) Act, 2015 Section 81
Rubina v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2944630
