TRAFFICKING IN PERSONS (PREVENTION, SUPPRESSION AND PUNISHMENT) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Object of Act

 

PART II
Trafficking in Persons and related Provisions

   4   Trafficking in persons

   5   Offences by bodies corporate

   6   Restitution

   7   Forfeiture

   8   Immunity of victim from prosecution

 

PART III
Assistance to and Protection of Victims

   9   Protection for victims

   10   Assistance to victims

   11   Proceedings to be in camera

   12   Return of victims to home country

   13   Immigration regime for victims

 

PART IV
Prevention of Trafficking in Persons

   14   Entry, search and seizure

   15   Offence of threatening, obstructing etc, constable

   16   Regulations

   17   Order to increase fines

      SCHEDULE

 

TRAFFICKING IN PERSONS (PREVENTION, SUPPRESSION AND PUNISHMENT) ACT

[Date of Commencement: 1st March, 2007]

Acts
1 of 2007,
12 of 2009.

PART I
Preliminary (sections 1-3)

1   Short title

   The Act may be cited as the Trafficking in Persons (Prevention, Suppression and Punishment) Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "child" means any person under eighteen years of age;

   "child pornography" means-

   (a)   audio or visual depiction of any kind, whether-

         (i)   made or produced by electronic, mechanical or other means; or

         (ii)   embodied in a disc, tape, film or other device, whether electronically or otherwise, so as to be capable of being retrieved or reproduced therefrom,

      of sexually explicit conduct involving a child; or

   (b)   any representation of the genitalia of a child, where such audio or visual depiction or representation lacks genuine literacy, artistic, or scientific value;

   "exploitation" includes-

   (a)   the exploitation of the prostitution of a person;

   (b)   compelling or causing a person to provide forced labout;

   (c)   keeping a person in a state of slavery or servitude;

   (d)   engaging in any form of sexual exploitation;

   (e)   illicit removal of organs;

   "exploitation of the prostitution of a person" means the deriving by one person of monetary or other benefit through the provision of sexual services for money or other benefit by another person;

   "forced labour" means any work or services exacted from a person by threat of penalty and for which the said person did not offer himself to provide such work or services voluntarily;

   "illicit removal of organs" means the unlawful removal of organs, tissue or body parts from a victim irrespective of whether the victim consented to such removal;

   "servitude" means a relationship of dependency in which the labour or service of a person is provided or obtained by threats of harm or death to that person or another person, or through any scheme, plan, or pattern intended to cause the person to believe that if he does not perform such labour or service he or another person will suffer harm or be killed;

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