Human Trafficking and Transportation (Control) Act, 2064 (2007)


Published: 2007

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Human Trafficking and Transportation (Control) Act, 2064 (2007)Human Trafficking and Transportation (Control) Act, 2064
Date of authentication and publication:
shrawan 8, 2064 (24 July 2007)
Act Number 5 of the Year 2064(2007)
Preamble : Whereas it is expedient to control the acts of human trafficking and
transportation, and to protect and rehabilitate the victims of such act by enacting law, the
'Legislature-Parliament' has enacted this Act.
PRELIMINARY Part 1
1. Short Title , extension and Commencement: (1) This Act may be called
“Human Trafficking and Transportation (Control) Act, 2064(2008).
(2) This Act shall come into force immediately.
(3) This Act shall extend throughout Nepal and ayone committing an
offence against Nepali citizen under this Act from foreign territory shall also
remain within the scope of this Act.
2. Definition : Unless the Subject or context otherwise requires, n this Act-
(a) "Offence" means an act pursuant to Section 3.
(b) "Center" means a rehabilitation center established pursuant to Section 13.
(c) "Victim" means a person who is sold, transported or put into prostitution.
(d) “Child” means a person who has not reached t age of eighteen years.
(e) "Exploitation" means an act of keeping human being as a slave and bonded
and this word also includes to remove human organ except otherwise
provided by prevailing law.
(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the
Rules framed under this Act.

Part 2
PROVISION OF OFFENCE AND INVESTIGATION
3. Human beings not to be trafficked and transported: (1) No one shall
commit or cause to commit human trafficking and transportation.
(2) If anyone commits an act under Subsection (1), that shall be deemed to
have committed an offence under this Act.
4. Acts considered as Human Trafficking and Transportation: (1) If anyone
commits any of the following acts, that shall be de med to have committed human
trafficking:
(a) To sell or purchase a person for any purpose,
(b) To use someone into prostitution, with or without any
benefit,
(c) To extract human organ except otherwise determined by law,
(d) To go for in prostitution.
(2) If anyone commits any of the following acts, that shall be deemed to
have committed human transportation:
(a) To take a person out of the country for the purpose of buying and
selling,
(b) To take anyone from his /her home, place of residence or from a
person by any means such as enticement, inducement,
misinformation, forgery, tricks, coercion, abduction, hostage,
allurement, influence, threat, abuse of power and by means of
inducement, fear, threat or co-ercion to the guardian or custodian
and keep him/her into ones custody or take to any place within
Nepal or abroad or handover him/her to somebody else for the
purpose of prostitution and exploitation.
5. Reporting: (1) If anyone knows that the offence under Section 3 of this Act is
being committed or may be committed, he/she may report to the nearest police
office.
(2) If the person who reports under Sub-section (1) puts written request to
remain unnamed, the police office which registers the report should maintain
his/her confidentiality.
6. Certifying the statement: (1) If the person reporting under Section 5 is a victim,
the police office should take the statement immediat ly and the victim shall be
taken to the nearest district court to certify the statement as soon as possible.
(2) If a police office brings to certify a statemnt under Sub-section (1), the
district judge, notwithstanding anything contained in the prevailing law and even if
the offence related with that statement does not fall within the jurisdiction of that
district court, shall certify the statement after rading it aloud and noting whether
there is difference or not in the statement.
(3) If the statement of the victim is certified under Subsection (2), the court
can take the certified statement as evidence even if the victim does not appear in
the court in the course of further court proceeding.
7. Arrest and investigation: (1) If any act considered to be an offence under this
Act is being committed or may be committed or attempted in a house, land, place
or a vehicle, and if there is a chance the offender will escape or evidence relating
to the offence will disappear or be destroyed if immediate action is not taken;
notwithstanding anything contained in the existing law, a police officer of the rank
Sub-inspector or higher may prepare a report and carry out any of the activities
listed below at any time:
(a) To enter, search or seize such house, land, place or vehicle.
(b) To break or open windows or doors in order to carry out the
necessary activities in case he/she faces obstruction and
opposition in performing the duties,
(c) To arrest or take body search of a person engaged in such activity
without an arrest warrant,
(d) To seize and take in custody of the evidence found in such house,
land, place or vehicle.
(2) While carrying out such activity under Sub-section (1), police personnel
shall, if possible, identify representatives of local bodies or otherwise those present at the
time of activity as witnesses and provide a copy of the details of the activity to the owner
of the house, land, place or vehicle.
8. Prosecution in custody: Notwithstanding anything contained in the prevailing
law, and except to the offence under Clause (d) of Sub-section (1) of Section 4, the
court shall keep the accused in custody while prosecuting cases on other offences
that fall under Section 4.
9. Burden of proof: Notwithstanding anything contained in the prevailing law, a
person accused of an offence under this Act shall provide evidence proving that
he/she did not commit the offence.
10. Right to keep separate Law Practitioner: If a victim wishes to keep an
additional law practitioner to represent his/her case during court hearings, he/she
has the right to be represented by a separate law pr ctitioner for an offence under
this Act.
11. Provision of Translator and Interpreter : If the working language used by
the concerned court and office in dealing with an offence under this Act is not
understandable by the victim, he/she may manage for the translator or interpreter
with the permission of the court.


Part 3
PROVISION OF RESCUE, REHABILITATION AND RECONCILIAT ION
12. Act related to Rescue: Nepal government shall manage for the rescue of any
Nepali citizen sold in the foreign land.
13. Rehabilitation Center: (1) Nepal government shall establish necessary
rehabilitation centers for physical and mental treatment, social rehabilitation and
family reconciliation of the victim.
(2) Any organization can obtain permission as prescribed to establish and
run rehabilitation center to address the objectives under Sub-section (1). Nepal
government shall make regular and effective monitori g of that organization and
rehabilitation center established by it.
(3) Nepal government may provide economic support as well as other
assistance, as prescribed, to the center run under Sub-section (2).
(4) Center shall manage for the social rehabilitation and family
reconciliation of the person stationed at the Center.
(5) Center shall manage for the medical treatment and consultation service
and facility to the victims.
(6) No one shall make the victim in the Center engage in any work against
his/her wish.
(7) Management, operation standard, monitoring of the rehabilitation
center, skillful training and employment, rehabilitation, family reconciliation shall
be carried out as prescribed.
14. Rehabilitation Fund: (1) Nepal government shall establish a
rehabilitation fund for operation of the rehabilitat on center established
under Sub-section (1) of Section 13.
(2) The fund established under the Sub-section (1) shall receive
contributions as follows:
(a) Funding received from Government of Nepal,
(b) Funding received from national and international organizations,
and individuals,
(c) Half of the amount received as fines under Section 15.
(3) Management and operation of the rehabilitation fund shall be as
prescribed.
Part 4
PROVISION OF PUNISHMENT AND COMPENSATION
15. Punishment: (1) Any person who commits an offence as prescribed un er
Section 3 shall be punished as follows:
(a) Twenty years imprisonment and a fine of Two Hundred
Thousand Rupees for selling or buying a human being,
(b) Ten years to Five years imprisonment and a fine of Fifty
Thousand Rupees to One Hundred Thousand Rupees for forcing
into prostitution, with or without financial benefit,
(c) 10 years imprisonment and a fine of Rs Two Hundred Thousand
to Five Hundred Thousand Rupees for extracting human organ
except otherwise determined by law,
(d) One month to three months imprisonment and a fine of Two
Thousand Rupees to Five Thousand Rupees for a person ngaged
in prostitution.
(e) For a person who is involved in transportation of human being
for the purpose of buying, selling and engaging some ne in
prostitution-
(1) Ten years to Fifteen years imprisonment and a fine of Fifty
Thousand Rupees to One Hundred Thousand Rupees for
taking a person out of the country.
Fifteen years to Twenty years imprisonment and a fine of One
Hundred Thousand Rupees to Two Hundred Thousand
Rupees for taking a child out of the country.
(2) Ten years of prison and a fine of Fifty Thousand Rupees to
One Hundred Thousand Rupees for taking a person from one
place to another place within the country.
Ten years to Twelve years imprisonment and a fine of One
Hundred Thousand Rupees for taking a child from one place
to another place within the country.
(f) One years to two years of imprisonment for taking a person from one
place to another place within the country, and two years to five years
of prison for taking out of the country for the purose of exploitation
under Clause (b) of Sub-section (2) of Section 4.
(g) Except otherwise written in clause (e) and (f), seven years to ten years
of prison for a person committing an offence under clause (b) of
Subsection (2) of Section 4.
(h) The person engaged in provocation, conspiracy and attempt of an
offence of human trafficking or transportation or an bettor of that
offence shall get half out of full punishment envisioned for that
offence.
(2) Notwithstanding anything written in Sub-section (1), the punishment in
the following matters shall be as follows:
(a) If same person is involved in buying or selling and forcing into
prostitution, with or without any benefit; he/she shall be liable for
punishment under both offences,
(b) If same person is involved in buying or selling or forcing into
prostitution, with or without any benefit, and in aoffence under
Clause (b) of Sub-section (2) of Section 4, he/she shall be liable for
punishment under both offences,
(c) Notwithstanding anything mentioned in Clause (b), if same person is
involved in an offence under Clause (b) of Sub-Section (2) of Section
4 and in transporting a human being from one place to another place
within Nepal or outside the country for the purpose f buying, selling
or forcing into prostitution, with or without any benefits; he/she shall
be liable for separate punishment for each offence.
(3) If an offence under Section 3 is committed by person holding a public
post; in addition to the regular punishment for that offence, he/she shall be liable
for Twenty five 25 percentage additional punishments.
(4) If anyone commits an offence under Section 3 with a person under protection
or guardianship or if the victim is relative of the offender as incorporated in the Chapter
of Incest in civil code , he/she is shall be liable for ten percentage additional punishment
besides regular punishment under this Act.
(5) If anyone commits an offence under Section 3 repeatedly, for every
offence he/she shall le liable for it additional one-fourth punishment in addition to
the regular punishment.
(6) If, in the course of proceeding of the case, a person involved in reporting
the offence under Section 5 of this Act gives contrary statement to that of the
statement giver earlier or if he/she does not appear b fore the court on its notice or
does not assist to the court, shall be liable for three months to one year of
imprisonment.
16. Exemption from Punishment: If a person knows or there is reasonable ground
to believe that he/she is being bought, sold or engaged in prostitution or taken for
the same and he/she does not get help to get rid of from those acts or somebody
creates obstacle or stops or takes into control or uses force, in such case, if he or
she believes that it is impossible to get rid of frm such control and on such faith
the perpetrator happens to be killed or injured in the course of release, such person
shall not be liable for any punishment notwithstanding anything in the prevailing
law.
17. Compensation: (1) A court shall issue order to provide compensation o the
victim which shall not be less than half of the fine levied as punishment to the offender
(2) If the victim dies before receiving the compensation under Sub-
Section (1) and if he/she does have children below the age of 18, the children shall
receive the compensation. If the victim does not have any children, the dependant parents
shall receive the compensation.
(3) If there are no dependant parents and minor children to receive
compensation under Sub-Section (2), the amount should be accrued in the
Rehabilitation Fund.
Chapter – 5
Miscellaneous
18. Seizure of Property: (1) Any movable or immovable property acquired as a
result of an offence under this Act shall be seized.
(2) If it is proved that anyone uses or provides to use any house, land or
vehicle for any offence under this Act, that house, land or vehicle shall be seized.
19. Award: (1) If anyone is rescued or a person involved in an offence is arrested
based on the reporting of an offence under this Act or giving notice that an offence
is going be committed; the informant shall be given, from Rehabilitation Fund
established under Section 14, ten percent of the fine levied as punishment under
Section 15 as an incentive .
(2) If there is more than one informant giving iformation under Sub-
Section (1), the incentive amount shall be distribu ed proportionately.
20. Confidentiality of the informant : The name and address of the informant and
the details provided by the informant under Sub-Section (1) of Section 19 shall be
kept confidential.
21. Exemption from penalty: (1) If an accused charged of committing an offence
under this Act accepts an offence and co-operates the police, public prosecutor or
court to collect evidence and arrest other accused or abettor, and if he/she has
committed the offence for the first time, court can reduce the punishment up to
twenty five percent so prescribed for that offence.
Provided that, if the assistance is not proved by the evidence or he/she gives
statement against the support provided to the police r prosecutor, a case may be
registered notwithstanding anything in the prevailing laws.
(2) Notwithstanding anything contained in Sub-Section (1), there shall
be no reduction in claimed punishment, pursuant to this section, in the following
conditions:
(a) To provide exemption in punishment to the principal accused,
(b) If the case involved is trafficking or transportation of a child,
(c) If exemption in the punishment has already been provided.
22. Claim of offence against moral turpitude: While framing a charge sheet
before the court for an offence under this Act, the concerned public prosecutor may
claim that accused have committed an offence against moral turpitude.
23. Formation of a Committee: (1) Nepal government may form a National
Committee and necessary District Committees as prescrib d to coordinate the
activities of government bodies and non-governmental organizations working to
rehabilitate victims and control the offence under this Act.
(2) The functions, duties and powers of the committee formed under
Sub-Section (1) shall be as prescribed.
24. Punishment for obstruction: Anyone obstructing an investigation of an offence
under this Act shall be fined up to Ten Thousand Rupees.
25. Prohibition against disseminating confidential information : (1) Without
the consent of the victim, no one shall publish or broadcast the real name,
photograph or any information which is detrimental to his/her character.
(2) Any person who publishes or broadcasts the name, photograph or
other information pursuant to Sub-Section (1) shall be subjected to a fine of Rs Ten
Thousand to Twenty Five Thousand Rupees.
26. Security: If a person provides reasonable ground and requests the nearest police
office for security against any type of retaliation f r reporting to the police under
Section 5 or providing statement on court or remaining as a witness, that police
office should provide any or all of the following protection measures to him/her:
(a) To provide security during traveling in course of attending case
proceeding in the court,
(b) To keep or cause to keep under police protecti n for a certain period,
(c) To keep at rehabilitation center.
27. In camera court proceedings: (1) Court proceeding and hearing of an offence
under this Act shall be conducted in In-Camera.
(2) Only parties to the proceeding, their attorneys or other non-parties
permitted by the court may enter to the court during the proceeding and hearing
under Sub-section (1).
28. Government to be the Plaintiff : Government of Nepal shall be the plaintiff in
all cases filed under this Act, and such case shall be deemed to be included in
Schedule 1 of the Government Cases Act, 2049.
29. Power to make Rules: Government of Nepal shall frame Rules to implement the
objective of this Act.
30. Repeal and Saving : (1) Human Trafficking (Control) Act 2043 is, hereby,
repealed.
(2) Acts conducted and performed under Sub-Section (1) shall be
considered to have be done pursuant to this Act.