§ 1Short title and introduction
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The Human Trafficking Deterrence and Suppression Act, 2012 is the principal legislation criminalising human trafficking and protecting victims in Bangladesh. It applies to all persons involved in trafficking, buying, selling, or transferring of any person within, into, or out of Bangladesh, whether for sexual exploitation, forced labour, involuntary servitude, organ removal, or any other form of exploitation. The Act defines trafficking broadly to include the recruitment, transportation, transfer, harbouring, or receipt of persons through threat, force, coercion, abduction, fraud, deception, or abuse of power for the purpose of exploitation (Section 4). Key mechanisms include severe penalties of life imprisonment or rigorous imprisonment up to life terms and fines for trafficking offences (Sections 5-8), the establishment of the Anti-Trafficking Offences Tribunal as a special court for the speedy trial of trafficking cases (Section 23), and the creation of a National Authority for the Prevention of Trafficking to coordinate government and NGO efforts. Notable provisions include the protection and rehabilitation of victims including shelter, medical treatment, counselling, and vocational training (Section 29); the prohibition of publication of victims' identities; the provision for compensation to victims from the Human Trafficking Prevention Fund; extraterritorial application to offences committed by Bangladeshi citizens abroad; and the liability of corporate entities for trafficking offences committed by their employees. The Act also provides for the freezing and forfeiture of property derived from trafficking. The Act satisfies Bangladesh's obligations under the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. The Act is currently in force.
Full text · showing key sections
§ 2Definition
Unless anything repugnant in the subject or context, in this Act—
(1)"shelter centre" means any institution, by whatever name called, established for the reception, shelter and rehabilitation of victims of human trafficking or persons rescued from human trafficking, other than a jail;
(2)"harbouring" means hiding, sheltering or in any other way assisting any person for the purpose of sale or trafficking within or outside the country, and the meaning of the word "Harbour" as used in section 52A of the Penal Code, 1860 (Act No. 45 of 1860) shall also be included herein;
(3)"debt-bondage" means the situation of a person whereby such person is required to provide personal service or labour as security for a debt, when the value of such service or labour is not applied towards the liquidation of the debt, or the period of such service or labour is indefinite;
(4)"forced labour or service" means any work or service extracted from a person under threat of harm to life, liberty, rights, property or reputation of such person;
(5)"tribunal" means the Human Trafficking Offence Suppression Tribunal established under this Act or any other tribunal assigned or empowered as a Human Trafficking Offence Suppression Tribunal;
(6)"slavery" means the status or condition of a person over whom any of the powers attaching to the right of ownership are exercised, and any condition or circumstance arising from a debt or contract executed by such person shall also be included herein;
(7)"embassy" means any mission of Bangladesh abroad which is an embassy, high commission, sub-commission, or assistant high commission, and the consulates-general, consulates and visa offices in such countries shall also be included herein;
(8)"prostitution" means sexual exploitation or abuse of any person for commercial purposes or in exchange for money or kind;
(9)"brothel" means any house, place or institution used for the purpose of prostitution;
(10)"victim" or "trafficked person" means any person who is a victim of human trafficking offence committed under this Act, and the legal guardian or legal heirs of such person shall also be included herein;
(11)"fraud" means deceiving or inducing any person by intentional or reckless words, conduct or written contract or document relating to an event or law, and the deception committed with the intention of the person committing fraud or any other person, and the meaning of the word "Fraud" as used in section 17 of the Contract Act, 1872 (Act No. 9 of 1872) shall also be included herein;
(12)"use of force" means application of force or demonstration of threat or application of psychological pressure, and threat of causing any kind of harm or physical detention, torture, or threat of using the institutional, official or legal position of any person against another person or application of psychological pressure shall also be included herein;
(13)"person" includes any company, partnership business or firm or association or society of multiple persons, whether registered or not, along with a natural person;
(14)"child" means any person who has not attained the age of eighteen years;
(15)"exploitation" or "abuse" means the following acts committed against any person with or without consent, but the meaning of this shall be limited to these matters only:—
(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) 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;
(16)"organized criminal group" means a structured group of two or more persons, regardless of nationality and status, which is active for a certain period and whose members work together to commit any offence under this Act;
(17)"consent" means the independent and informed opinion of a person which is not affected by his/her weak position resulting from age, gender and socio-economic backwardness;
(18)"public servant" means any public servant described in section 21 of the Penal Code, 1860 (Act No. 45 of 1860) or any person engaged in the work of the state as defined in article 152 of the Constitution of the People's Republic of Bangladesh who performs or bears any legal responsibility under this Act;
(19)"servitude" means the obligation to provide work or service or the forced conditions of work or service from which the concerned person has no escape or which he/she cannot avoid or change.
§ 3Human trafficking
(1)“Trafficking in human beings” means any person who—
(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.
(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.
(2)In the case where a child is a victim of trafficking, it shall not be considered whether the means of committing the crime of human trafficking described in clauses (a) to (c) of sub-section (1) have been followed.
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).
§ 4Applicability of Rule of Law and Code of Criminal Procedure, 1898, etc
(1)Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall have effect:
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.
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.
(2)In the absence of any provision in this Act relating to filing of suit or complaint, investigation, trial and trial of offenses under this Act, the provisions of the Criminal Procedure Code, 1898 (Act No. 5 of 1898) and the Evidence Act, 1872 (Act No. 1 of 1872), as the case may be, shall apply.
(3)The provisions of Chapter III of the Penal Code, 1860 (Act No. 45 of 1860) shall apply to the offenses and penalties under this Act.
(4)The offenses committed under this Act shall be deemed to be "extradition" offenses as defined in section 2(1)(a) of the Extradition Act, 1974 (Act No. 58 of 1974).
(5)This Act shall be supplementary to and shall not be used in derogation of other existing laws relating to emigration and immigration.
§ 5Extraterritorial application of this Act
(1)The provisions of this Act shall come into force if any person commits any crime under the purview of this Act against any Bangladeshi citizen outside the national borders of Bangladesh or on any ship or aircraft of Bangladesh.
(2)If any person commits an offense under this Act from outside Bangladesh to inside Bangladesh or from inside Bangladesh to outside Bangladesh, then the said offense and the entire process of its commission shall be deemed to have been committed in Bangladesh and the provisions of this Act shall be effective in respect of such person and offence.
§ 6Prohibition and punishment of human trafficking
(1)Any person who commits any of the acts mentioned in section 3 shall be deemed to be an offense of human trafficking.
(2)Any person who commits the crime of human trafficking shall be punished with imprisonment for life and not less than 5 (five) years with rigorous imprisonment and not less than 50 (fifty) thousand rupees.
§ 7Punishment for Organized Human Trafficking Crimes
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.
§ 8Penalty for abetment, conspiracy or attempt to commit offence
(1)If a person commits the crime of human trafficking by inciting, conspiring and making an effort or knowingly allowing his property to be used for the purpose of committing or creating an opportunity for the commission of a human trafficking crime, or by taking, canceling, concealing, removing, destroying or taking any document or property, that person shall be imprisoned for not more than 7 (seven) years and not less than 3 (three) years. shall be punished with rigorous imprisonment and a fine of not less than 20 (twenty) thousand taka.
(2)If any person is an abettor in the commission of any offense under this Act, the said person shall be punished with a penalty equal to the penalty prescribed for the relevant offence.
§ 9Punishment for forcing or compelling to perform servile labor or service
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.
§ 10Penalty for abduction, theft and detention with intent to commit the crime of human trafficking
(1)If a person abducts, hides or detains another person with the intention of committing the crime of human trafficking or for any other exploitation mentioned in Section 2(15) of this Act including sexual exploitation or torture, he shall be deemed to have committed an offense and for such offense he shall be punished with imprisonment for a term not exceeding 10 (ten) years and not less than 5 (five) years and a fine of not less than 20 (twenty) thousand taka. will be
(2)If any person steals or abducts a new-born child from any hospital, nursing home, maternity home, children's home, or the custody of the parents of the said new-born child with the intention of committing the crime of human trafficking, he shall be deemed to have committed an offense and for such offense he shall be liable to imprisonment for life and not less than 5 (five) years to rigorous imprisonment and not less than 50 (Fifty) thousand will be fined.
§ 11Penalty of importation or transfer for prostitution or any other form of sexual exploitation or abuse
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
§ 12Penalty for operating a brothel or permitting any place to be used as a brothel
(1)If any person establishes or manages a brothel or actively assists or participates in establishing or managing it, 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 5 (five) years and not less than 3 (three) years and a fine of not less than 20 (twenty) thousand taka.
(2)any person, who—
(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.
(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.
§ 13Penalty for solicitation for the purpose of prostitution
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.
§ 14Penalty for threatening victim or witness in case
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
§ 15Penalty for filing false case or complaint
(1)If any person files a false or harassing case or false complaint under this Act or abuses legal process or compels any other person to do so, 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 5 (five) years and not less than 2 (two) years and a fine of not less than 20 (twenty) thousand Taka.
(2)The Tribunal established under this Act may, on any written complaint or on its own authority, take cognizance of the offense referred to in sub-section (1) and may, if necessary, by recording reasons, adjourn the trial of the original case.
§ 16Tribulation, bailability and bailability of offences
The offenses under this Act shall be cognizable, non-bailable and non-compoundable.
§ 17File a complaint
(1)Any person who commits an offense under this Act may lodge a complaint with the police or a tribunal for the commission of such offense and the police shall provide necessary security to the person making such complaint and shall, unless otherwise required by legal proceedings, keep his name confidential.
(2)The Government may, if it deems necessary, appoint one or more Special Prosecutors (Prosecutors) to conduct the case in the Tribunal.
(3)If the Tribunal submits to the Government a report of serious dereliction of duty against any Special Prosecutor appointed under sub-section (2), the Government shall remove or replace the said Prosecutor.
§ 18Legal presumption in the commission of a crime
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.
§ 19investigation
(1)If any crime under this Act comes to the notice of the police or if the Tribunal orders the investigation of any crime, a police officer not below the rank of Sub-Inspector of the concerned police station shall carry out the investigation under this Act.
(2)In cases where any crime may be committed under this Act, the police may conduct a proactive inquiry before filing a first information report.
(3)Subject to the provisions of section 20, the investigation under this section shall be completed within not more than 90 (ninety-two) working days of the filing of the case under sub-section (1) or the receipt of the order for investigation from the Tribunal.
(4)If the investigation is not completed within the period mentioned in sub-section (3), the investigating officer shall apply in writing to his controlling officer or, in the case of receipt of an inquiry order from the Tribunal, to the Tribunal at least three working days before the expiry of the said period or the controlling officer or, as the case may be, the Tribunal may extend the investigation period by an additional 30 (thirty) working days if the controlling officer or, as the case may be, is satisfied with cause shown for failure to conduct the investigation within the said period:
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.
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.
(5)In the case of investigation of any inter-State offense under this Act, if it becomes necessary to go abroad for the inspection of foreign evidence, the police authority shall, with the permission of the Tribunal, constitute a special investigation team for the purpose of completing the investigation within the period so fixed and shall give such investigation team such administrative and financial support as possible.
(6)The Government shall, by notification in the Official Gazette, constitute a Central Monitoring Cell at the Police Headquarters for the purpose of co-ordinating and supervising the investigative, security and preventive activities and responsibilities of the Police under this Act.
§ 20Preventive search and seizure
(1)For the prevention of any crime of human trafficking, any police officer not below the rank of Sub-Inspector shall, subject to the approval or direction of his superior controlling officer, be empowered to conduct preventive searches under this Act, to enter any premises and to seize any equipment or evidence or document likely to be used in the commission of any offense under this Act.
(2)A warrantless search under sub-section (1) shall be conducted without a warrant under sub-section (1) if there is any instrument or material suitable for the commission of an offense under this Act present on any person or in any place and there is reasonable cause to believe that the offense has actually been committed or any evidence has been destroyed due to delay in obtaining a search warrant and the area where the officer prepared for the search is to be carried out before the search is carried out. Two or more respectable inhabitants of the locality shall be summoned to be present at the search and to be witnesses thereof, and the search shall be conducted in the presence of said witnesses, and the said officer shall prepare a list of all the articles seized during the search and the places where the said articles were found and take the signatures of the witnesses therein.
(3)In the light of the provisions of section 103 of the Code of Criminal Procedure, 1898 and with due respect to the human rights and human dignity of the person whose body or property is to be searched, the search under sub-section (1) shall be carried out and, in particular, if a search is conducted against a woman, the search party must be accompanied by a woman officer or a woman probation officer.
(4)Within 72 (seventy-two) hours of the execution of the search, the officer conducting the search shall prepare a report detailing the reasons and results of the search and shall send a copy thereof electronically or by any other means to the Magistrate concerned and at the same time to the Tribunal having jurisdiction to try the offense concerned, which shall be in the custody of the Tribunal and the superior officer of the said officer and against whom the search is conducted. conducted shall furnish one copy of the report.
§ 21Formation of Human Trafficking Crime Prevention Tribunal
(1)For the purpose of speedy trial of offenses under this Act, the Government may, by notification in the Official Gazette, constitute a Tribunal for Suppression of Human Trafficking in any district consisting of a Judge of the rank of Sessions Judge or Additional Sessions Judge.
(2)Until the Tribunal is constituted under sub-section (1), the Government may assign or empower the Women and Child Abuse Prevention Tribunal of each district as the Human Trafficking Crime Prevention Tribunal of that district.
(3)Offenses under this Act shall be triable only in Tribunals constituted under this Act.
(4)The competent tribunal of the territorial jurisdiction in which any offense or part thereof has been committed or the territory from which the victim of human trafficking has been rescued or the territory in which he is a resident may try the said offence.
(5)If any Bangladeshi citizen or company or any person who is habitually resident in Bangladesh commits an offense under this Act outside the national boundaries of Bangladesh, the tribunal in which he is a resident of the regional jurisdiction or in the case of a company, in the regional jurisdiction of the registered office of the said company, that tribunal can try the said offence.
§ 22Powers of the Tribunal
(1)Subject to the provisions of this Act, the Tribunal shall have all the powers of a Court of Session and the Tribunal may, in the interests of justice, direct any person or institution with any protective order to produce any report, document or register under the Tribunal.
(2)In the interests of the speedy trial of offenses under this Act or the safety of any victim or witness, the Tribunal may take or examine the evidence of any witness at any place by itself or by commission, directly or by electronic means, and the Tribunal may accept in evidence any official statement or report of any Government officer or employee under this Act, exempting him from the duty of appearing before the Tribunal.
(3)During the trial of any offense under this Act or before the charge of any offense is made, the Tribunal may, on the application of any person or on its own authority, commit the victim of human trafficking to the custody of a public or private shelter or any appropriate person or institution including the Department of Social Services for such period and under such conditions as the Tribunal may determine, and if the victim of human trafficking is a woman or a child, the Tribunal shall consider her opinion in passing an order under this sub-section. can
(4)In any case, pending the framing of charges, a Magistrate having the necessary powers may, subject to necessary adaptation, exercise the powers conferred by sub-section (3).
(5)The Tribunal may grant bail to any person accused under this Act after hearing the prosecution and recording the reasons thereof, and in exercising its discretion in granting bail under this sub-section the Tribunal shall, inter alia, consider the seriousness of the offense committed, the safety and harm to the victim and witnesses and the criminal antecedents of the accused.
(6)While granting bail to an accused person, the tribunal may attach a control order with the bail order directing the bailee to appear before the police or any officer of the tribunal on the day specified by it.
§ 23Further investigative powers of the Tribunal
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.
§ 24Time limit for completion of trial
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.
(2)Notwithstanding the provisions of sub-section (1), failure to complete the proceedings within the said period shall not invalidate the proceedings, but the Tribunal shall send a report to the High Court Division of the Supreme Court of Bangladesh within 10 (ten) working days explaining the reasons for not being able to complete the proceedings within the said period.
§ 25trial in-camera
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.
§ 26Appointment of interpreters
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.
§ 27Seizure, Freeze and Confiscation and Transnational Sanctions
(1)The Tribunal may, at any stage of the proceedings, on its own initiative or on the application of any person, order the seizure, attachment or confiscation of movable or immovable property acquired by the accused person by the commission of any offense under this Act.
(2)If there is reason to believe that any house, land or vehicle has been or is being used in the commission or attempt to commit any offense under this Act, the Tribunal may order the seizure of the said house, land or vehicle.
(3)If any person is found guilty under this Act, the Tribunal may confiscate the property acquired by the said guilty person as a result of the said offense and the property so confiscated shall be deposited in the Human Trafficking Prevention Fund.
(4)For the purpose of trial of any crime committed under this Act, the Tribunal may order to freeze and attach the property acquired through the proceeds of crime located abroad and any other property subsequently acquired by the accused person and if the said order is violated, the accused person shall be punished with rigorous imprisonment for not more than 5 (five) years and a fine of not less than 20 (twenty) thousand taka.
(5)The Government and the concerned Bangladesh embassies abroad shall give due co-operation to the Tribunal in determining the property blocked or subject to attachment under this section and if any order is issued under sub-section (4), the Government shall inform the competent authority of the country in which the property concerned is situated about the said order of the Tribunal.
§ 28Order to pay compensation by Tribunal
(1)If any person accused of any offense committed under this Act is convicted, the Tribunal may, in addition to the fine so ordered, order him to pay a reasonable amount of compensation to the victim of human trafficking and such compensation may be made by the Tribunal directly or by necessity, the
Public Demands Recovery Act, 1913
(Bengal Act No. III of 1913) shall be recoverable.
Public Demands Recovery Act, 1913
(Bengal Act No. III of 1913) shall be recoverable.
(2)If the Tribunal has only ordered a fine without ordering compensation under sub-section (1), the Tribunal may order the amount of the fine ordered or any part thereof to be paid to the person or victim of trafficking.
(3)The Tribunal shall exercise its discretion in determining the amount of compensation ordered under sub-section (1) and in awarding the compensation shall take into account the physical and mental medical expenses, necessary travel and temporary accommodation expenses, lost income, suffering, actual or emotional loss and severity of suffering of the aggrieved person.
§ 29Admissibility of foreign documents, written information evidence or material
(1)Notwithstanding anything contained in any other law for the time being in force, any foreign written document, court order or judgment, inquiry report or official declaration shall be admissible in evidence in the Tribunal if it is duly delivered and signed and authenticated by the competent authority, unless it is an embassy or consulate of the country concerned situated in Bangladesh, duly attested by the competent authority of the embassy.
(2)Any document prepared abroad by a Bangladeshi, including power of attorney, shall be attested and authenticated by the Ministry of Foreign Affairs in accordance with the prevailing rules in this regard, if it is to be accepted as evidence in the proceedings under this Act.
(3)If any document is verified or authenticated by the Ministry of Foreign Affairs or the Embassy of Bangladesh, the Ministry of Foreign Affairs or the said Embassy shall not be responsible for the authenticity of the content of that document.
§ 30Admissibility of electronic data evidence
Evidence recorded through audio visual devices or any electronic communication shall be admissible to the satisfaction of the Tribunal.
§ 31appeal
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.
§ 32Identification and rescue of persons or victims of human trafficking
(1)The Government shall establish procedures by law for the identification, rescue, repatriation and rehabilitation of victims of human trafficking and shall work in partnership with relevant public and private agencies.
(2)Identifying, rescuing, repatriating and rehabilitating victims of human trafficking should be conducted in a victim-friendly manner, keeping in mind the welfare and special needs of the victims, especially women and children.
§ 33Repatriation and return of victims of human trafficking
(1)If any Bangladeshi citizen is identified as a victim of human trafficking in any other country, the government shall initiate the process of bringing the person back to Bangladesh with the cooperation of the Bangladesh Embassy of the concerned country and, if necessary, the Ministry of Foreign Affairs or Ministry of Expatriate Welfare.
(2)Notwithstanding anything contained in sub-section (1), if the Embassy of Bangladesh in any foreign country becomes aware that any Bangladeshi citizen who is a victim of human trafficking is detained or imprisoned in that country, the said embassy shall initiate the process of rescuing, freeing and sending the affected person to Bangladesh.
(3)If a person who is a victim of human trafficking is forced to stay in a foreign country due to any case, the Bangladesh Embassy will take measures to provide legal advice or assistance to that person.
(4)In the case where a foreign national is identified as a victim of human trafficking in Bangladesh, after completing the appropriate legal process and taking the statement of the person: The government will take the necessary measures to send the person back to his home country, through appropriate diplomatic communication, in cooperation with the embassy of the concerned state.
§ 34Providing information to victims or victims of human trafficking and to the public in general
(1)Victims of human trafficking shall be entitled to be informed at least once a month about the measures taken against the traffickers and the latest status of related criminal cases from the government or the police or, as the case may be, private organizations.
(2)The investigating officer or the person or institution identifying and rescuing the victim of human trafficking shall immediately inform the victim of the right to compensation, legal aid and other facilities under this Act.
(3)Competent authorities of the Government shall maintain a comprehensive database containing information necessary to provide relevant professionals, journalists or the public with due respect to the right to privacy of victims of human trafficking for the effective performance of their duties relating to the identification, rescue, transfer, return, repatriation and rehabilitation of such persons.
§ 35Establishment of shelters and rehabilitation centers
(1)The Government shall establish an adequate number of shelters and rehabilitation centers throughout the country to provide physical and mental health care, rehabilitation and reunification with families to victims of human trafficking.
(2)With the coming into force of this Act, no other person or institution desiring to establish such a center shall operate any shelter or rehabilitation center or any other activity without obtaining a license or temporary approval from the Government in the manner and under the conditions prescribed by the rules;
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.
§ 36Protection, rehabilitation and social integration
(1)After being rescued, the victim of human trafficking, if not sent back to his family, should be sent to a public or private shelter or rehabilitation center and in that case all the information regarding this should be sent immediately to the government or the competent authority.
(2)Any person or victim of human trafficking staying in a shelter or rehabilitation center shall be entitled to receive physical treatment and legal and psychological counseling services along with the provision of opinions on related issues and sustainable rehabilitation and social integration facilities.
§ 37Provision for protection of victims or aggrieved persons and witnesses in criminal proceedings
(1)Every person or institution dealing with the subject matter of this Act shall endeavor to ensure that no victim or victim of human trafficking is charged or punished under this Act or any other law in force.
(2)No one shall publicize or broadcast the name, picture or information or identity of a person who is a victim of human trafficking or any member of his family without the permission of the Tribunal and the person who violates the said provision shall be punished with imprisonment not exceeding 06 (six) months or with a fine not exceeding 1 (one) lakh rupees or with both.
(3)Every victim or witness of human trafficking shall be entitled to police security and other protective measures provided by the Government in case of threat to him or her or any threat or danger of any kind, and the provision of security of the victim or witness while traveling to court and other criminal institutions or while living in shelters shall be included in the government protective measures.
§ 38Protecting the rights of child victims and child witnesses
(1)Without prejudice to the content of the provisions of this Act relating to the protection of victims and witnesses, when dealing with child victims and child witnesses of the crime of human trafficking, any person, including the Tribunal, shall apply the principle of the best welfare and priority of the child and shall follow the provisions of any law for the time being in force, including the principles contained in various international instruments, and the prosecution of child victims of human trafficking or their and child witnesses. All concerned working under this Act shall take necessary measures to avoid stigmatization or social isolation.
(2)The police or the government or any person working with the subject matter of this Act shall not work with any child in conflict with or in contact with this Act in any way other than the intervention of a child-friendly officer or child-friendly process and no child victim of human trafficking or child victim shall be sent or detained in a development center/remand home.
§ 39Right to file a civil suit for recovery of compensation
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.
§ 40Providing financial assistance to victims of human trafficking
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.
§ 41Joint or mutual legal assistance and cooperation in combating and preventing human trafficking
(1)For the purpose of creating an area of joint or mutual legal assistance in the investigation, prosecution and judicial proceedings of crimes committed under this Act, the Government shall sign memorandums of understanding or agreements with all countries where victims of human trafficking under this Act, witnesses, proceeds of crime, instruments of crime, evidence or defendants or persons aiding and abetting the crime are present or likely to be present:
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.
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.
(2)The Government may, by any memorandum of understanding or agreement entered into under sub-section (1), provide for joint or mutual legal assistance in the following matters:
(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) 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.
§ 42Human Trafficking Prevention Fund
(1)After the coming into force of this Act, the Government shall, by notification in the Official Gazette, constitute a fund to be called the ``Anti-Trafficking in Persons Fund'' and the said fund shall be managed and utilized in the manner prescribed by rules.
(2)Funds received from the following sources shall be credited to the Human Trafficking Prevention Fund, namely:—
(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
(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
§ 43National Anti-Trafficking Agency
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.
§ 44Offenses committed by companies or firms
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
§ 45Enforcement of principle of equality and provisions to prevent abuse of power
(1)In dealing with any accused person, victim of human trafficking or witness under this Act, the principle of equality shall be followed and no discrimination shall be made against any person.
(2)If an allegation against any Government officer or servant under this Act of abuse of any Government power or failure to discharge his legal duties is proved, the appointing authority shall, on the recommendation of the Tribunal, take disciplinary action against him in accordance with the Service Rules and the Tribunal may also order payment of suitable compensation against such person.
(3)If any disciplinary action is taken under sub-section (2), the appointing authority shall submit a report to the Tribunal within 1 (one) month of taking such decision.
§ 46Power to make rules
(1)The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2)Without prejudice to the totality of the powers conferred under sub-section (1), the said rules may make provision for all or any of the following matters, namely—
(1)sources of human trafficking funds;
(2)fund management;
(3)method & criteria for receiving grants from the fund;
(4)amount and division of grant money; And
(5)Any work prescribed by law.
§ 47Revocation and Custody
(1)Suppression of Immoral Traffic Act, 1933 (Act No. VI of 1933) and
Suppression of Violence against Women and Children Act, 2000
Sections 5 and 6 of (Act No. 8 of 2000) are hereby repealed.
Suppression of Violence against Women and Children Act, 2000
Sections 5 and 6 of (Act No. 8 of 2000) are hereby repealed.
(2)Notwithstanding such repeal, any order issued, direction issued or any action taken or suit filed under or in light of the repealed Act shall be deemed to have been made, issued, accepted, made or filed under this Act from the date of promulgation of this Act and shall remain in force.
§ 48English translation of law
(1)The Government shall, as soon as practicable after the promulgation of this Act, by notification in the Official Gazette, publish an authentic English text of the Bengali text of this Act.
(2)In case of conflict between the Bengali text and the English text, the Bengali text shall prevail.
The Human Trafficking Deterrence and Suppression Act, 2012 is the principal legislation criminalising human trafficking and protecting victims in Bangladesh. It applies to all persons involved in trafficking, buying, selling, or transferring of any person within, into, or out of Bangladesh, whether for sexual exploitation, forced labour, involuntary servitude, organ removal, or any other form of exploitation. The Act defines trafficking broadly to include the recruitment, transportation, transfer, harbouring, or receipt of persons through threat, force, coercion, abduction, fraud, deception, or abuse of power for the purpose of exploitation (Section 4). Key mechanisms include severe penalties of life imprisonment or rigorous imprisonment up to life terms and fines for trafficking offences (Sections 5-8), the establishment of the Anti-Trafficking Offences Tribunal as a special court for the speedy trial of trafficking cases (Section 23), and the creation of a National Authority for the Prevention of Trafficking to coordinate government and NGO efforts. Notable provisions include the protection and rehabilitation of victims including shelter, medical treatment, counselling, and vocational training (Section 29); the prohibition of publication of victims' identities; the provision for compensation to victims from the Human Trafficking Prevention Fund; extraterritorial application to offences committed by Bangladeshi citizens abroad; and the liability of corporate entities for trafficking offences committed by their employees. The Act also provides for the freezing and forfeiture of property derived from trafficking. The Act satisfies Bangladesh's obligations under the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons. The Act is currently in force.