Part 4

Part 4 PROVISION OF PUNISHMENT AND COMPENSATION
15. Punishment :

(1) Any person who commits an offence as prescribed under Section 3 shall be punished as follows:
(a) Twenty years imprisonment and a fine of Two Hundred Thousand Rupees for selling or buying a human being,
(b) Ten years to Five years imprisonment and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for forcing  into prostitution, with or without financial benefit,
(c) 10 years imprisonment and a fine of Rs Two Hundred Thousand to Five Hundred Thousand Rupees for extracting human organ
except otherwise determined by law,
(d) One month to three months imprisonment and a fine of Two Thousand Rupees to Five Thousand Rupees for a person engaged
in prostitution.
(e) For a person who is involved in transportation of human being for the purpose of buying, selling and engaging some one in
prostitution-
(1) Ten years to Fifteen years imprisonment and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for
taking a person out of the country.
Fifteen years to Twenty years imprisonment and a fine of One Hundred Thousand Rupees to Two Hundred Thousand
Rupees for taking a child out of the country.
(2) Ten years of prison and a fine of Fifty Thousand Rupees to One Hundred Thousand Rupees for taking a person from one
place to another place within the country.
Ten years to Twelve years imprisonment and a fine of One Hundred Thousand Rupees for taking a child from one place
to another place within the country.
(f) One years to two years of imprisonment for taking a person from one place to another place within the country, and two years to five years
of prison for taking out of the country for the purpose of exploitation under Clause (b) of Sub-section (2) of Section 4.
(g) Except otherwise written in clause (e) and (f), seven years to ten years of prison for a person committing an offence under clause (b) of
Subsection (2) of Section 4.
(h) The person engaged in provocation, conspiracy and attempt of an offence of human trafficking or transportation or an abettor of that
offence shall get half out of full punishment envisioned for that offence.
(2) Notwithstanding anything written in Sub-section (1), the punishment in the following matters shall be as follows:
(a) If same person is involved in buying or selling and forcing into prostitution, with or without any benefit; he/she shall be liable for
punishment under both offences,
(b) If same person is involved in buying or selling or forcing into prostitution, with or without any benefit, and in an offence under
Clause (b) of Sub-section (2) of Section 4, he/she shall be liable for punishment under both offences,
(c) Notwithstanding anything mentioned in Clause (b), if same person is involved in an offence under Clause (b) of Sub-Section (2) of Section 4 and in transporting a human being from one place to another place  within Nepal or outside the country for the purpose of buying, selling or forcing into prostitution, with or without any benefits; he/she shall
be liable for separate punishment for each offence.
(3) If an offence under Section 3 is committed by person holding a public post; in addition to the regular punishment for that offence, he/she shall be liable
for Twenty five 25 percentage additional punishments.
(4) If anyone commits an offence under Section 3 with a person under protection or guardianship or if the victim is relative of the offender as incorporated in the Chapter
of Incest in civil code , he/she is shall be liable for ten percentage additional punishment  besides regular punishment under this Act.
(5) If anyone commits an offence under Section 3 repeatedly, for every offence he/she shall le liable for it additional one-fourth punishment in addition to
the regular punishment.
(6) If, in the course of proceeding of the case, a person involved in reporting the offence under Section 5 of this Act gives contrary statement to that of the
statement giver earlier or if he/she does not appear before the court on its notice or does not assist to the court, shall be liable for three months to one year of
imprisonment.
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.

17. Compensation :

(1) A court shall issue order to provide compensation to the victim which shall not be less than half of the fine levied as punishment to the offender (2) If the victim dies before receiving the compensation under Sub- Section (1) and if he/she does have children below the age of 18, the children shall receive the compensation. If the victim does not have any children, the dependant parents shall receive the compensation.
(3) If there are no dependant parents and minor children to receive compensation under Sub-Section (2), the amount should be accrued in the
Rehabilitation Fund.