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Chapter – 5

Chapter – 5
18. Seizure of Property:

(1) Any movable or immovable property acquired as a result of an offence under this Act shall be seized.
(2) If it is proved that anyone uses or provides to use any house, land or vehicle for any offence under this Act, that house, land or vehicle shall be seized.

19. Award:

(1) If anyone is rescued or a person involved in an offence is arrested based on the reporting of an offence under this Act or giving notice that an offence
is going be committed; the informant shall be given, from Rehabilitation Fund established under Section 14, ten percent of the fine levied as punishment under
Section 15 as an incentive .
(2) If there is more than one informant giving information under Sub- Section (1), the incentive amount shall be distributed proportionately.

20. Confidentiality of the informant : The name and address of the informant and the details provided by the informant under Sub-Section (1) of Section 19 shall be
kept confidential.

21. Exemption from penalty:

(1) If an accused charged of committing an offence under this Act accepts an offence and co-operates the police, public prosecutor or court to collect evidence and arrest other accused or abettor, and if he/she has committed the offence for the first time,  court can reduce the punishment up to twenty five percent so prescribed for that offence.
Provided that, if the assistance is not proved by the evidence or he/she gives  statement against the support provided to the police or prosecutor, a case may be
registered notwithstanding anything in the prevailing laws.
(2) Notwithstanding anything contained in Sub-Section (1), there shall be no reduction in claimed punishment, pursuant to this section, in the following
(a) To provide exemption in punishment to the principal accused,
(b) If the case involved is trafficking or transportation of a child,
(c) If exemption in the punishment has already been provided.

22. Claim of offence against moral turpitude : While framing a charge sheet before the court for an offence under this Act, the concerned public prosecutor may
claim that accused have committed an offence against moral turpitude.

23. Formation of a Committee : (1) Nepal government may form a National Committee and necessary District Committees as prescribed to coordinate the
activities of government bodies and non-governmental organizations working to rehabilitate victims and control the offence under this Act.
(2) The functions, duties and powers of the committee formed under Sub-Section (1) shall be as prescribed.

24. Punishment for obstruction : Anyone obstructing an investigation of an offence under this Act shall be fined up to Ten Thousand Rupees.

25. Prohibition against disseminating confidential information :

(1) Without the consent of the victim, no one shall publish or broadcast the real name, photograph or any information which is detrimental to his/her character.
(2) Any person who publishes or broadcasts the name, photograph or  other information pursuant to Sub-Section (1) shall be subjected to a fine of Rs Ten
Thousand to Twenty Five Thousand Rupees.

26. Security : If a person provides reasonable ground and requests the nearest police office for security against any type of retaliation for reporting to the police under
Section 5 or providing statement on court or remaining as a witness, that police office should provide any or all of the following protection measures to him/her:
(a) To provide security during traveling in course of attending case proceeding in the court,
(b) To keep or cause to keep under police protection for a certain period,
(c) To keep at rehabilitation center.

27. In camera court proceedings : (1) Court proceeding and hearing of an offence under this Act shall be conducted in In-Camera.
(2) Only parties to the proceeding, their attorneys or other non-parties permitted by the court may enter to the court during the proceeding and hearing
under Sub-section (1).

28. Government to be the Plaintiff : Government of Nepal shall be the plaintiff in all cases filed under this Act, and such case shall be deemed to be included in
Schedule 1 of the Government Cases Act, 2049.

29. Power to make Rules : Government of Nepal shall frame Rules to implement the objective of this Act.

30. Repeal and Saving :

(1) Human Trafficking (Control) Act 2043 is, hereby, repealed.
(2) Acts conducted and performed under Sub-Section (1) shall be considered to have be done pursuant to this Act.


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