Section 16

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Criminal liability Human trafficking

This Section provides for the non-prosecution and the exemption of criminal responsibility of victims of human trafficking and slavery, in particular for the injury or killing of the perpetrator (the person’s trafficker).

Notes

There has been no record of such a case having been decided by the Supreme Court yet.

Text

Section 16. Exemption from Punishment:

If a person knows or there is reasonable ground to believe that he/she is being bought, sold or engaged in prostitution or taken for the same and he/she does not get help to get rid of from those acts or somebody creates obstacle or stops or takes into control or uses force, in such case, if he or she believes that it is impossible to get rid of from such control and on such faith the perpetrator happens to be killed or injured in the course of release, such person shall not be liable for any punishment notwithstanding anything in the prevailing law.

Law / Nepal / Human Trafficking and Transportation Control Act, 2007

This Act was enacted in order to criminalise and persecute human trafficking. The Act provides the relevant punishments for offences committed under the Act, entrenches the right to compensation of victims of trafficking, and sets out the steps to be taken in order to facilitate the rehabilitation and protection of the victim.