Part 2

Part 2
PROVISION OF OFFENCE AND INVESTIGATION
3. Human beings not to be trafficked and transported :

(1) No one shall commit or cause to commit human trafficking and transportation.
(2) If anyone commits an act under Subsection (1), that shall be deemed to have committed an offence under this Act.

4. Acts considered as Human Trafficking and Transportation : (1) If anyone commits any of the following acts, that shall be deemed to have committed human
trafficking:
(a) To sell or purchase a person for any purpose,
(b) To use someone into prostitution, with or without any benefit,
(c) To extract human organ except otherwise determined by law,
(d) To go for in prostitution.
(2) If anyone commits any of the following acts, that shall be deemed to have committed human transportation:
(a) To take a person out of the country for the purpose of buying and selling,
(b) To take anyone from his /her home, place of residence or from a person by any means such as enticement, inducement,  misinformation, forgery, tricks, coercion, abduction, hostage, allurement, influence, threat, abuse of power and by means of inducement, fear, threat or co-ercion to the guardian or custodian and keep him/her into ones custody or take to any place within Nepal or abroad or handover him/her to somebody else for the purpose of prostitution and exploitation.

5. Reporting: (1) If anyone knows that the offence under Section 3 of this Act is being committed or may be committed, he/she may report to the nearest police
office.
(2) If the person who reports under Sub-section (1) puts written request to remain unnamed, the police office which registers the report should maintain
his/her confidentiality.

6. Certifying the statement :

(1) If the person reporting under Section 5 is a victim, the police office should take the statement immediately and the victim shall be
taken to the nearest district court to certify the statement as soon as possible.
(2) If a police office brings to certify a statement under Sub-section (1), the district judge, notwithstanding anything contained in the prevailing law and even if
the offence related with that statement does not fall within the jurisdiction of that district court, shall certify the statement after reading it aloud and noting whether
there is difference or not in the statement.
(3) If the statement of the victim is certified under Subsection (2), the court can take the certified statement as evidence even if the victim does not appear in
the court in the course of further court proceeding.

7. Arrest and investigation :

(1) If any act considered to be an offence under this Act is being committed or may be committed or attempted in a house, land, place or a vehicle, and if there is a chance the offender will escape or evidence relating to the offence will disappear or be destroyed if immediate action is not taken; notwithstanding anything contained in the existing law, a police officer of the rank Sub-inspector or higher may prepare a report and carry out any of the activities listed below at any time:
(a) To enter, search or seize such house, land, place or vehicle.
(b) To break or open windows or doors in order to carry out the necessary activities in case he/she faces obstruction and opposition in performing the duties,
(c) To arrest or take body search of a person engaged in such activity without an arrest warrant,
(d) To seize and take in custody of the evidence found in such house, land, place or vehicle.
(2) While carrying out such activity under Sub-section (1), police personnel shall, if possible, identify representatives of local bodies or otherwise those present at the
time of activity as witnesses and provide a copy of the details of the activity to the owner of the house, land, place or vehicle.

8. Prosecution in custody : Notwithstanding anything contained in the prevailing law, and except to the offence under Clause (d) of Sub-section (1) of Section 4, the
court shall keep the accused in custody while prosecuting cases on other offences.

9. Burden of proof : Notwithstanding anything contained in the prevailing law, a person accused of an offence under this Act shall provide evidence proving that
he/she did not commit the offence.

10. Right to keep separate Law Practitioner : If a victim wishes to keep an additional law practitioner to represent his/her case during court hearings, he/she
has the right to be represented by a separate law practitioner for an offence under this Act.

11. Provision of Translator and Interpreter : If the working language used by the concerned court and office in dealing with an offence under this Act is not
understandable by the victim, he/she may manage for the translator or interpreter with the permission of the court.