1. Short title and commencement—(l) This Act may be called the
Prevention and Suppression of Human Trafficking Act, 2012;
('2) It shall come into force at once.
2‘ Definition—In this Act, unless there is anything repugnant in the subject
or context—
(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;
(5) “Tribunal” means the Anti-Human Trafficking Offence Tribunal established under this Act, or any other Tribunal assigned or empowered as the Anti-Human Trafficking Offence Tribunal;
(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;
(‘7) “Embassy” means any Mission or Embassy, High Commission, Deputy High Commission, or Assistant High Commission of Bangladesh situated in a foreign country and shall also include the Consulate General and consulate and Visa Offices situated in such
countries;
(8) “Prostitution" means the sexual exploitation or abuse of any person for commercial purpose or for consideration in money or kind;
(9) “brothel” means any house, place or structure used for the purpose of prostitution;
(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;
(16) "organized criminal group" means an organization of a group of two or more persons, irrespective of their nationality and where ever they are. which exists for a specific period and the member of it acts together with a view to committing offences under this Act;
(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:
(18) “public servant/official” means a public servant mentioned in section 2l of the Penal Code l860 (Act No. 45 of 1860) or a pawn appointed in the service of the Republic as defined in article 152 of the constitution of the people’s Republic of Bangladesh who is performing or carrying out a legal duty under this Act;
(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.
3. Human Trafficking—(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).
