Full text · showing key sections
Unless anything repugnant in the subject or context, in this Act—
(a) exploitation or abuse of any person through prostitution, sexual exploitation or abuse;
(b) deriving profit by engaging any person in prostitution or production or distribution of pornography;
(c) extraction of forced labour or service;
(d) debt-bondage, slavery or servitude, practices similar to slavery, or domestic servitude;
(e) exploitation or abuse through fraudulent marriage;
(f) use of any person in forced entertainment;
(g) forcing any person into begging; and
(h) removal of limbs or causing disability to any person for the purpose of business;
(a) using intimidation or force; or
(b) by deceiving or exploiting the socio-economic or environmental or any other vulnerability of such person; or
(c) with the consent of the person having control over the transaction of money or any other benefit (in kind);
Selling or buying, collecting or receiving, deporting or transferring, exporting or detaining or harboring or harboring for the purpose of sexual exploitation or oppression or labor exploitation or any other exploitation or exploitation within or outside Bangladesh.
Explanation— For the purposes of this section, if any person induces or assists any person to travel, emigrate or emigrate for the purpose of work or employment within or outside Bangladesh, knowing that he may be subjected to forced labor or servitude or to any exploitative or oppressive situation referred to in sub-section (15) of section 2, by fraud, dishonest intent and forced labour, that person shall The said act shall be included in ``trafficking in human beings'' as defined in sub-section (1).
Provided, however, that if any other existing law provides for better standards of protection of victims and witnesses, those provisions shall be applicable subject to not being inconsistent with this law.
If more than one member of an organized group commits any offense under this Act for the purpose of achieving any financial or other material or immaterial profit for the purpose of achieving the common intention of all the members of the group, every member of the said group shall be charged with the offense and the person committing the offense shall be punished with death or imprisonment for life or with rigorous imprisonment for not less than 7 (seven) years and not less than 5 (five) lakhs. shall be punished with a fine of Rs.
If any person unlawfully makes another person work against his will or compels him to provide labor or service or keeps him in debt-slavery or uses force or any kind of pressure or threatens to do so, he shall be deemed to have committed an offense and for such offense he shall be punished with rigorous imprisonment for not more than 12 (times) and not less than 5 (five) years and not less than 50 (fifty) thousand shall be punished with a fine of Rs.
If any person by coercion or deception or enticement brings any person from abroad to Bangladesh for the purpose of employing them in prostitution or any other form of sexual exploitation or oppressive work, he shall be deemed to have committed an offense and for such offense he shall be punished with rigorous imprisonment for a term not exceeding 7 (seven) years and not less than 5 (five) years and a fine of not less than fifty (fifty) thousand taka. will be punished
(a) the tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel; or
(b) the owner, lessor or landlord of any house or any representative of the said owner or lessor pays rent to the said house or land despite knowing that the said house or any part thereof is to be used as a brothel;
He shall be deemed to have committed a crime and for such crime he shall be punished with imprisonment not exceeding 5 (five) years and not less than 3 (three) years and fine not less than 20 (twenty) thousand taka.
If a person solicits another person by verbally or gestures or by showing indecent behavior in the street or in a public place or inside or outside the house for the purpose of prostitution, he shall be deemed to have committed an offense and for such offense he shall be punished with rigorous imprisonment for a term not exceeding 3 (three) years or with a fine not exceeding 20 (twenty) thousand taka or with both.
Any person who threatens, intimidates or uses force to a victim of human trafficking or a witness in a case or any member of his family and creates any serious disturbance in the investigation or trial of a case instituted under this Act shall be deemed to have committed an offense and for such offense shall be punished with rigorous imprisonment for a term not exceeding 7 (seven) years and not less than 3 (three) years and a fine of not less than 20 (twenty) thousand taka. will be
The offenses under this Act shall be cognizable, non-bailable and non-compoundable.
If a person who is a victim of the crime of human trafficking or anything used in the commission of a crime of human trafficking is recovered from the custody or any place under the direct supervision of any person and the person is reasonably suspected of being a trafficker or if he is identified as a trafficker by the rescued victim, then, unless the contrary is proved, the person shall be presumed to have committed the crime of human trafficking under this Act.
Provided, however, that in the case of inter-state inquiry only the Tribunal may extend the period of such inquiry and in such case the Tribunal shall in its sole discretion extend the period of inquiry by a reasonable period.
The Tribunal may, on the application of any person or on its own motion, order further investigation of any case and the submission of the report of the investigation within such time as may be specified by it.
24 (1) The Tribunal shall complete the trial within 180 (one hundred and eighty) working days of the complaint of any offense committed under this Act.
In the interest of justice and in the interest of the protection of the woman or child victim, the Tribunal may, for reasons thereof, order the trial of any offense under this Act to be conducted in camera only in the presence of the parties and their appointed advocates or other representatives subject to the permission of the Tribunal.
At any stage of the trial of an offense under this Act, a victim of trafficking or any other witness may request the appointment of a translator or interpreter or, if necessary, a sign language interpreter, and the Tribunal may make appropriate orders to that effect.
Public Demands Recovery Act, 1913
(Bengal Act No. III of 1913) shall be recoverable.
Evidence recorded through audio visual devices or any electronic communication shall be admissible to the satisfaction of the Tribunal.
Any order, judgment or penalty of the Tribunal shall be appealed to the High Court Division of the Bangladesh Supreme Court within 30 (thirty) days of the judgment or pronouncement of the order or penalty.
Provided thatthe shelter or rehabilitation centers already established shall obtain such license or approval within 6 (six) months of the coming into force of this Act.
Without prejudice to the right to file a criminal case, and in addition to any criminal case filed, the victim or trafficked person may file a suit in the civil court for damages for actual suffering or legal injury caused by the offense committed under this Act or for breach of contract in connection with the said offence.
The Government may provide financial assistance to any person or victim of human trafficking from the fund established under this Act, provided that such assistance is provided by a non-governmental organization or
Provision of Legal Aid Act, 2000
(Act No. 6 of 2000) shall not impair any of his rights or opportunities in obtaining legal assistance.
Provided, that nothing in this Act shall prevent the Government from taking necessary administrative measures for such joint or mutual legal assistance until a memorandum of understanding or agreement under this sub-section is signed.
(a) matters relating to the investigation of the crime of human trafficking, the conduct of search or detention proceedings and the legal cooperation of victims of human trafficking;
(b) examination of witnesses on oath and exchange of witness statements, official reports and evidence filed in court;
(c) the mutual exchange of persons who are victims of human trafficking and persons who have committed or been convicted of the crime of human trafficking;
(d) necessary legal, diplomatic and administrative cooperation in the enforcement of court orders relating to confiscation of proceeds of crime or property or fines or garnishments;
(e) Sustainable rehabilitation of victims of human trafficking and social integration of such persons in their home countries.
(a) Government grants or grants;
(b) grants made by any local authority; or
(c) donations made by any person or institution; And
(d) received from any other source for the purpose of preventing and suppressing human trafficking
money
For the purposes of this Act, the Government may constitute a body called the National Anti-Human Trafficking Organization in the manner prescribed by rules.
If the person committing an offense under this Act is a company or firm, whether incorporated or not in Bangladesh, any person who was the owner, director, manager, secretary or agent of the said company or firm at the time of the commission of the said offense shall be deemed to have committed the said offence, unless the accused can prove that the offense was committed without his knowledge and that he made every effort to prevent it. have done
Suppression of Violence against Women and Children Act, 2000
Sections 5 and 6 of (Act No. 8 of 2000) are hereby repealed.