Section 28

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Compensation Criminal liability Human trafficking

Under Section 28, the Court has the discrection to order a convicted trafficker to pay compensation to the victim of the offence.

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Section 28. Ordering of compensation by the Tribunal.

(1) Where an accused person is convicted of an offence of committed under this Act, the Tribunal may pass an order to the accused to pay the victim of the offence of human trafficking a reasonable amount of compensation in addition to fine imposed by it, and, any such compensation shall be recovered by the tribunal directly or, if necessary, in accordance with the provisions of the Public Demands Recovery Act, 1913 (Bengal Act No. III of 1913).

(2) If the Tribunal only passes an order of fine, without passing the order of compensation under sub-section (1) it may order that the whole or any part of the fine so imposed be provided to the victim of trafficking or to the victim.

(3) The amount of compensation passed under sub-section (1) shall be determined at the discretion of the Tribunal, and, while awarding compensation, it shall take into consideration the matters regarding the costs of physical and mental treatment of the affected person, costs of necessary transportation or temporary housing, lost income, sufferance, the actual or emotional injury and the gravity of the distress.

Law / 20 February 2012 / Bangladesh / Human Trafficking Deterrence and Suppression Act 2012

The Human Trafficking Deterrence and Suppression Act 2012 criminalises all forms of human trafficking and punishes the offence of trafficking with 5 years to life imprisonment and a fine. Furthermore, the Act explicitly criminalises forced labour and debt bondage, and prescribes a penalty ranging from 5 to 12 years’ imprisonment and a fine. The Act also provides for the establishment of a Human Trafficking Prevention Fund, as well as a National Anti-Trafficking Authority. Additionally, the Act contains provisions on the protection and rehabilitation of victims, including access to compensation and legal and psychological counselling.