Human Trafficking and Transportation (Control) Act, 2007

Chapter-4

Provisions relating to Punishment and Compensation

15. Punishment: (1) A person committing an offence under Section 3 shall be punished as follows:-

(a) For buying or selling a person, imprisonment for twenty years and a fine of two hundred thousand rupees,

(b) For forcing a person into prostitution, with or without any benefit, according to the gravity of the offence, imprisonment from ten years to fifteen years and a fine from fifty thousand rupees to one hundred thousand rupees,

(c) For removing a human organ otherwise than in accordance with prevailing law, imprisonment for ten years and a fine from two hundred thousand rupees to five hundred thousand rupees,

(d) For engaging in prostitution, imprisonment from one month to three months and a fine from two thousand rupees to five thousand rupees.

(e) For taking a person with the intention of buying, selling, or forcing into prostitution,-

(1) If taking abroad, imprisonment from ten years to fifteen years and a fine from fifty thousand rupees to one hundred thousand rupees, and if a child is taken, imprisonment from fifteen years to twenty years and a fine from one hundred thousand rupees to two hundred thousand rupees,

(2) If taking from one place to another within Nepal, imprisonment for ten years and a fine from fifty thousand rupees to one hundred thousand rupees, and if a child is taken, imprisonment from ten years to twelve years and a fine of one hundred thousand rupees.

(f) For taking a person from one place to another within Nepal under clause (b) of sub-section (2) of Section 4 with the intention of exploiting, imprisonment from one year to two years, and if taken abroad, imprisonment from two years to five years,

(g) For committing an offence under clause (b) Inserted by the Act to Amend Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. or clause (g) of sub-section (2) of Section 4, other than as mentioned in clauses (e) and (f), imprisonment from seven years to ten years,

(j) For abetting, conspiring, or attempting to commit the offence of human trafficking or transportation, or for being an accomplice to such offence, half the punishment for that offence.

(2) Notwithstanding anything written in sub-section (1), in respect of the following matters, the following shall apply:-

(a) If the buyer or seller and the person forcing into prostitution, with or without any benefit, are the same person, separate punishment for buying or selling and for forcing into prostitution, with or without any benefit,

(b) If the buyer or seller or the person forcing into prostitution, with or without any benefit, and the person committing the offence under clause (b) of sub-section (2) of Section 4 are the same person, separate punishment for buying or selling and for committing such offence,

(c) Notwithstanding anything written in clause (b), if the person taking away under clause (b) of sub-section (2) of Section 4 and the person taking abroad or from one place to another within Nepal with the intention of buying, selling, or forcing into prostitution, with or without any benefit, are the same person, separate punishment for taking away and for taking abroad or from one place to another within Nepal.

(3) If a person holding a public office commits an offence under Section 3, in addition to the punishment for that offence, an additional punishment of twenty-five percent of that punishment shall be imposed.

(4) If a person commits an offence under Section 3 in relation to a person under his/her care or custody or a person Amended by the Act to Amend Some Acts relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. who is punishable for the offence of incest under prevailing law, in addition to the punishment provided in this Act, an additional punishment of ten percent of that punishment shall be imposed.

(5) If a person commits an offence under Section 3 again, for each subsequent offence, an additional punishment of one-fourth of the punishment for that offence shall be imposed.