In Nepal, human trafficking is considered as a major form of violence and a heinous crime. Before, human trafficking in Nepal was confined to sexual exploitation and was limited mainly to the trafficking of young girls and women to India for sexual exploitation. In today’s context, the dimension of human trafficking is changing, where increasingly, men and women are being trafficked due to unsafe labor migration in various labor receiving countries. While the issues of human trafficking are complex and cross cutting, some of the root causes in Nepal are gender discrimination, illiteracy, limited economic opportunities, domestic violence, and poverty. Moreover, unequal development between the regions and unhealthy rural-urban linkages has escalated the phenomenon of human trafficking.

In the context of Nepal, Human Trafficking and Transportation (Control) Act, 2064 was introduced to combat human trafficking and illegal transportation. This law seeks not only to prevent and eliminate such crimes but also to ensure the protection, justice, and rehabilitation of victims.

Section 4 of the Human Trafficking and Transportation (Control) Act, 2064 outlines specific actions that constitute human trafficking and transportation in Nepal. These include:

• Buying or selling a person for any purpose.
• Forcing or involving someone in prostitution.
• Illegally removing or trafficking human organs.
• Engaging another person in prostitution.
• Transporting individuals across borders for the purpose of exploitation or trade.
• Abducting, confining, or coercing a person into prostitution or other forms of exploitation by any means.

These acts are strictly prohibited under the law and are punishable offenses aimed at preventing exploitation and protecting victims.

1.Exceptions established by the Act

1. Statement of Victim
2. Burden of proof

In human trafficking cases, the statement of Victim is one of the important evidence that is taken into consideration at the time of giving the final verdict. Unlike other cases, the victim does not have to appear before the court to give statement if his/her statement has already been certified.

2.Statement of Victim

 Section 6 of the Human Trafficking and Transportation (Control) Act, 2064 states that
(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.

Unlike other cases, the victim does not have to appear before the court to give the her statement if his/her statement has already been certified.

3.Burden of Proof

Also. Section 9 of the act has establishes an important exception to the general principles of criminal law. It states that, “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.” In other words, the burden of proof is reversed. Unlike in most criminal cases, where the prosecution must prove the guilt of the accused beyond a reasonable doubt, Section 9 places the responsibility on the accused to prove their innocence.

This shift is significant. It recognizes the complex nature of trafficking cases, where evidence can be difficult to gather, and victims may be too traumatized or intimidated to testify multiple times or can even be made hostile.  By placing the burden of proof on the accused, the law aims to prevent traffickers from escaping justice due to procedural limitations or the survivor’s inability to reappear in court.

Legal Procedures in Human Trafficking: From Reporting to Adjudication in Nepal

4.Reporting Obligations

Any person who has reasonable grounds to believe that human trafficking or transportation is occurring or is likely to occur must immediately notify the nearest police station. Those wishing to remain anonymous may do so by submitting a written request for confidentiality.

5.Certification of Statements

After a victim’s statement is recorded by the police, it must be certified by the nearest district court without delay. Certification is required even when the court is outside the territorial jurisdiction in which the offence was reported.

6.Powers of Arrest and Investigation

Where the police suspect that human trafficking or transportation is being planned or perpetrated, they may without a warrant:

• enter, search and, if obstructed, use reasonable force to access any premises;
• seize and retain evidence;
• Conduct body searches and effect arrests.

If credible evidence emerges indicating an individual’s involvement, that person may be taken into custody, and both witnesses and the owners of implicated property must be identified. Conviction for trafficking‑related offences may result in imprisonment for up to 20 years and a fine of up to NPR 200 000.

7.Prosecution and Pre‑Trial Detention

Once an accused is arrested, the court is empowered to hold the individual in custody for the duration of the proceedings.

8.Burden of Proof

In contrast to the ordinary rule that the prosecution must prove guilt, the Human Trafficking and Transportation (Control) Act 2064 places an evidential burden on the accused to demonstrate that he or she did not commit the alleged offence.

9.Victims’ Rights

Victims may engage separate legal counsel during any stage of proceedings under the Act. They are entitled to rescue services, rehabilitation and social reintegration measures.

10.Rehabilitation Framework

Section 13 of the Act obliges the Government of Nepal to establish rehabilitation centres that address victims’ physical, psychological and social recovery needs. Economic assistance must be provided where necessary.
A dedicated Rehabilitation Fund—financed by government allocations, NGO/INGO contributions and one‑half of fines levied in trafficking cases—supports these centres.

11.Compensation

Under Section 17, a victim is entitled to compensation amounting to not less than one‑half of the monetary penalty imposed on the offender.

12.Penalties for Human Trafficking Offences

The Act prescribes stringent custodial sentences and fines, including:

 13.Aggravating Circumstances

• Multiple offences: cumulative sentences for each offence.
• Public officials: an additional 25 % imprisonment term and fine.
• Offences against persons under protection, guardianship or kinship: an additional 10 % punishment.
• Repeat offenders: an extra one‑quarter of the ordinary sentence for each subsequent conviction.
• Giving contradictory statements or failing to appear in court: 3 months to 1 year of imprisonment.

14.National Penal Code Provision

Section 213 of the National Penal Code separately criminalizes trafficking‑related conduct, prescribing 7–10 years’ imprisonment and fines between NPR 70 000 and 100 000, or both.

15.Leniency for Co‑operation

A secondary offender who materially assists authorities in securing evidence or arresting principal offenders may receive up to a 25 % reduction in sentence, provided the individual is not the main perpetrator, is not implicated in trafficking or transporting a child, and is a first‑time offender.

16.Seizure of Assets

Proceeds derived from trafficking are subject to immediate confiscation. Any property movable or immovable used to commit or facilitate the offence is likewise forfeited.

17.Moral Turpitude

Human trafficking and transportation constitute offences of moral turpitude. At the charge‑framing stage, the public prosecutor must expressly allege this characterization.

18.Conclusion

The Human Trafficking and Transportation (Control) Act 2064 stands as Nepal’s principal criminal statute for combating trafficking and transportation offences. It imposes rigorous investigative powers, shifts the evidential burden to defendants, mandates comprehensive victim support, and introduces severe penalties thereby reinforcing the State’s commitment to eradicating human trafficking in all its forms while safeguarding survivors’ rights.