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
Penalty for threatening the victim or witnesses

If any person threatens, intimidates. or uses force against the victims of trafficking or witnesses of any proceedings or any member of his family and thereby seriously obstructs the investigation or trial of any case initiated under this Act, 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 3 (three) years and with fine not less than taka 20 (twenty) thousand.

Penalty for filing false case or complaint

(l) If any person files any false or frivolous case or complaint to harm any other person under this Act or, abuses the legal process or compels any other person to do so he shall be deemed to have committed an offence and shall, for the offence, be punished with rigorous imprisonment for a term not exceeding 5 (five) years but not less than 2 (two) years and with fine not less than taka 20 (twenty) thousand.

(2) The Tribunal established under this Act may. upon a written complaint or on its own motion, take cognizance of the offence mentioned in sub-section (l) and proceed to try the offence, and, if necessary, by recording the reasons, stay the original case.

Cognizability, Compoundability and bailability of offences

The offences under this Act shall he cognizable. non-bailable, and noncempoundable

Trail in-camera

For the interest of justice and to protect the child and woman victim, the Tribunal may, by stating the reasons, direct that the trial of an offence under this Act be conducted iii-camera with the presence only of the parties to the case and their advocates or other representatives as the Tribunal may permit.

Identification and rescue the victims of human trafficking or the victims

(1) The Government shall make procedures by rules for identification, rescue, repatriation and rehabilitation of the victims of human trafficking and act by partnership with concerned government and non-government organizations.

(2) The processes of identification, rescue, repatriation and rehabilitation of the affected persons, shall he conducted with special regard being paid to the welfare and special needs of women and children and in a. victims-friendly manner

Establishment of protective homes and rehabilitation centre

(l) With a view to facilitating physical and psychological treatment, rehabilitation and family reconciliation of the victims of trafficking, the government shall, establish adequate numbers of protective home and rehabilitation centre throughout the country.

(2) After the commencement of this Act, every person or organization willing to establish any such protective home or rehabilitation centre shall not conduct any activities without obtaining the license or temporary permission from the government by such manner and under such conditions as may be prescribed by rules:

Provided that any protective home or rehabilitation centre already established, shall obtain such license or permit within 6 (six) months from the commencement of this Act.

Protection. rehabilitation and social integration

(1) The victim of human trafficking shall. upon being rescued, if not returned to his own family. be sent to any government or non-government protective home or rehabilitation centre and all information relating thereto shall be sent at once to the Government or to the competent authority. (2) Every victim of human trafficking, residing in a protective home or rehabilitation centre shall be entitled to give consent to the concerned matter and to get medical treatment and legal and psychological counseling service including sustainable rehabilitation and social integration facilities.

Provisions regarding the protection of victims or affected persons and witnesses in criminal trail

(l) Any person or agency dealing with the subject-matter of this Act shall endeavor to ensure that any victim ofthe offence of human trafficking is not subjected to conviction or punishment under this Act 0: any other existing law.

(2) No body shall publish or broadcast the name, photograph or any information or identity of a victim of human trafficking or of any member of his family without the permission of the Tribunal, and who contravenes the provision shall be punished with imprisonment for a term not exceeding 6(six) months or with fine not exceeding taka I (one) lac or with both.

(3) If any victim of human trafficking or witness is threatened or apprehended by any threat or risk of any kind shall be entitled to receive police protection and other protective measures to be provided by the Government, and the security being provided to the victim of the offence of human trafficking or to the witness during travel to the court or other prosecutorial institutions or residing in a protective home shall also be included to those government protective measures.

Protection of the rights of child victims and witnesses

(1) Without prejudice to the generality of the provisions of this Act regarding the protection of the victims and witnesses, any person including the Tribunal dealing with a child victim or witness shall apply the principle of welfare and the best interest of the child and the principle of priority and follow the provisions of any other law for the time being in force as well as the principles in different international instruments and take necessary measure to avoid the child victims to be convicted or the stigmatization and social marginalization of the child victim and the child witness.

(2) No child coming in contact or conflict with this Act shall be dealt with by the police or the Government or any other person dealing with the subject matters of this act otherwise than through the intervention of a child-friendly officer and processes, and no child victim of human trafficking or victim child shall be sent or detained in any development center or in a remand home.

Section 40: Financial assistance to the victim of human trafficking

Without prejudice to the right or opportunity to receive legal aid from any non- government organization or under the Legal Aid Services Act, 2000 (Act No. VI of 2000), the Government may provide financial assistance to the victim of human trafficking or to the victim from the fund established under this act.

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