Last Change:
05/09/2025
The Prevention and Suppression of Human Trafficking Act
Year: 2012
Type: Domestic law
Rights Category: Liberty & security of person, Social protection
Description
This Act aims to prevent and suppress human trafficking, safeguard victims, and promote safe migration, applying equally to both citizens and non-citizens. It defines "victims of human trafficking" expansively, covering affected individuals and their legal guardians and heirs, and operates beyond Bangladesh's borders. The Act classifies human trafficking and related crimes, sets investigative procedures, details the powers of Anti-Human Trafficking Tribunals, and provides for victim and witness protection, including rehabilitation and assistance. Special emphasis is given to women and children victims, ensuring they are not criminalized or penalized, with provisions like in-camera proceedings and compensation in addition to penalties.
Selected provisions
1) “protective home", by whatever name called, means an institution except a prison which is established for the reception, shelter and rehabilitation of the victims of human trafficking or of the persons rescued from human trafficking;
(2) “sheltering” or “harbouring" means to harbour, provide with shelter to or assist in any other means, any person in order to sell or traffic that person inside or outside of the country: and shall also include the meanings for which the term ‘harbour’ has been used in section
52A of the Penal Code, 1860 (Act No. 45 of 1860);
3) “debt—bondage" means the condition that arises from a pledge by a person of his personal service or labour as security for a debt actually owed or unlawfully claimed to he owed by that person, butthe value of the service or labour is not deemed to be paid the debt,or the service or labour is unlimited;
(4) “forced labour or service” means any work or service that is exacted from any person under the threat to loss or damage to life, liberty, right, property or reputation of the person;
(6) “slavery” means the reduction of status and position of any person to a condition in which he is controlled or treated as property by another person and shall also include a condition arising from a debt or a contract made by that person;
(8) “Prostitution" means the sexual exploitation or abuse of any person for commercial purpose or for consideration in money or kind;
(10) "Victim of human trafficking” or “victim" means a person against whom the offence of human trafficking has been committed under this Act and shall also 'mcludc the legal guardians and heirs of the person;
(11) "fraud" means to defraud or induce others, whether willingly or recklessly, by any words or conduct or any Written contract or document as to facts or the law and a deception as to the intent of the person deceiving or any other person, and shall also include the meaning for which the expression ‘fiaud’ has been used in section
17 of the Contract Act, 1872 (Act No. 9 of 1872);
(12) "coercion" means the use of force or intimidation or psychological pressure and shall also include the threat of doing harm or of physical confinement, torture or any threat or psychological pressure of using the official or legal status of a person against
another person;
(13) “person” means a natural person including any company, firm; or association or group of portions, whether incorporated or not;
(14) “child" means a person who has not completed the age of eighteen years;
(15) “exploitation“ or “oppression" means. but shall not be limited to, the following actions done against any person with or without his or her consent:
(a) exploitation or oppression of any person through prostitution or sexual exploitation or oppression;
(b) taking benefits from any person engaging the person in the prostitution or production or distribution of pornographic materials;
(c) receiving forced labour or service;
(d) debt-bondage. slavery or servitude, practices similar to slavery, or servitude in household;
(e) exploitation or oppression through fraudulent marriage;
(f) forcibly engaging any person in the amusement trade;
(g) forcibly engaging any person in begging; and
(h) maiming any person or the removal of organs for the purpose of trade;
(17) “consent" means the consent of a person which is given firmly and consciously and is not influenced by his or her weak position- arising out of his or her age, sex and socio-economic backwardness:
(19) ‘ servitude" means the conditions or the obligations to work or to render services from which the person cannot escape and which he cannot prevent or alter.
l) “human trafficking” means the selling or buying, recruiting or receiving, deporting or transferring, sending or confining or harbouring either inside or outside of the territory of Bangladesh of any person for the purpose of sexual exploitation or oppression: labour exploitation or any other form of exploitation or oppression by means of“—
(a) threat or use of force; or
(b) deception, or abuse. of his or her scold-economic or environmental or other types of vulnerability; or
(c). giving or receiving money or benefit to procure the consent of a person having control over him or her.
(2) If the victim of trafficking is a child, it shall be immaterial whether any of the means of committing the offence mentioned in clause (a) to (c) of subsection(1)1s used or not.
Explanation—For the purposes of this section, if any person induces or assists any other person through deception and for bad intention to move. Engrave or emigrate for work or service, either inside or outside of the territory of Bangladesh, though he knows that such other person would be put into exploitative labour conditions similar to practices of servitude or forced labour or into any other form of exploitation or oppression as mentioned in sub-section (15) of section 2 such act of the person shall be included as an act within the meaning of “human trafficking” as defined in sub-section (1).
1) If any person commits any act mentioned in section 3, such act shall be deemed to be the offence of human trafficking.
(2) The person committing the offence of human trafficking shall be punished with an imprisonment not exceeding imprisonment for life but not less than 5 (five) years of rigorous imprisonment and with fine not less than take 50‘ (fifiy) thousand.
Where an offence under this Act is committed by several members of any organized group for their common intention of acquiring financial or other material or immaterial benefit, each member of the group shall be responsible for the offence and the person committed the offence shall be punished with death or an imprisonment for life or a rigorous imprisonment for a term not less than 7 (seven) years and with fine not less than taka 5 (five) lac.
(l) Where any person by instigating, conspiring or attempting to commit an offence of human trafficking or by knowingly allowing his property to be used in the commission of, or facilitation of committing any such offence, or by receiving, canceling. concealing, removing, destroying or taking possession of any document engages himself in the offence he shall be punished with rigorous
imprisonment for a term not exceeding 7 (seven) years but not less than 3 (three) years and with fine not less than taka 20 (twenty) thousand.
(2) The person who shots in the commission of any offence under this Act. shall be punished with the equal punishment provided for the cancer-nod offence.
If any person unlawfully forces any other person to work against his will or compels to provide labour or service or holds in debt-bondage or to exact from the person any work or service by using force or other means of pressure of by threat to do such, he shall be deemed to have committed an offence and shall for the offence be
punished with rigorous imprisonment for a term not exceeding 12 (twelve) years but not less than 5 (five) years and with fine not less than take 50 (fifty) thousand.
(l) If any person kidnaps, conceals or confines any other person with intent to commit the offence of human trafficking or to put that person into a state of sexual or other exploitation or oppression as mentioned in section 2 (15), he shall be deemed to have committed an offence and shall for the offence be punished with rigorous imprisonment for term not exceeding 10 (ten) years but not less than 5 (five) years and with fine not less than take 20 (twenty) thousand.
(2) If any person steals or kidnaps a new-born baby from any hospital, nursing home, maternity clinic, child-care centre, or the custody of parents of the new-horn baby with intent to commit the offence of human trafficking, he shall be deemed to have committed an offence and shall for the offence be punished with imprisonment for life or with rigorous imprisonment for a term not less than 5 (five) years and with fine not less than take 50 (fifty) thousand.
If any person brings any other person into Bangladesh or transfers the person inside the territory of Bangladesh with a view to engaging in prostitution or any other form of sexual exploitation or Oppression by means of force of fraud or seduction, he shall be deemed to have committed an offence and shall for the offence be punished with rigorous imprisonment for a term not exceeding 7 (seven) years but not less than 5 (five) years and with fine not less than take 50 (fifty) thousand.
( 1) If any person keeps or manages or assists or participates actively in the keeping or management of a brothel shall be deemed to have committed an ofence and he shall for the offence be punished with rigorous imprisonment for a term not exceeding 5 (five) years but not less 3 (three) years and with fine not less than taka 20 (twenty) thousand.
(2) Any person, who——
(a) being the tenant, lessee, occupier or person in charge of any place, knowingly permits such place or any part thereof to be used as a brothel, or
(b) being the owner of any house, lesser or emitter of any land or the agent of such owner or lesser lets the house or land, with the knowledge that the house or any part thereof shall be used as a brothel, shall be deemed to have committed an offence and for the offence be punished with rigorous imprisonment foi: a term not exceeding 5 (five) years but not less than 3 (three) years and with fine not less than taka 20 (twenty) thousand.
If any person in any street or public place or from within any house or building. by words, gestures. or indecent personal exposure attracts the attention of any other person for the purpose of prostitution he shall be deemed to have committed an offence and shall, for the offence, be punished with rigorous imprisonment for a term not exceeding 3 (three) years or with fine not exceeding taka 20 (twenty) thousand or
with both.