The Prevention and Control of Human Trafficking Ordinance, 2002
to prevent and control human trafficking
WHEREAS the offences relating to traffic in human beings are incompatible with the dignity
and worth of human being
and endanger the welfare of the individual, the family
and the community;
AND WHEREAS it is expedient and
necessary to provide effective measures to prevent offences related
to human trafficking
and to protect and
assist victims of such trafficking action;
AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October, 1999, and the Provisional Constitution Order No. 1
of 1999, read with
the Provisional Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the following Ordinance:---
1. Short title, extent and commencement.---(1) This Ordinance may be called the Prevention and Control of Human Trafficking Ordinance, 2002.
(2) It extends to
the whole of Pakistan.
(3) It shall come into force at once
2. Definition.---In this Ordinance, unless
there is anything repugnant in the subject or context,---
includes monetary profit, proceeds or
payment in cash or in kind;
(b) “child” means
any person who has
not attained the age of eighteen years;
(c) “Code” means
the Code of Criminal Procedure, 1898 (Act V
(d) “coercion” means the use of force, violence, physical restraint, deception, fraud or acts or circumstances not necessarily including physical force but calculated to have the same effect, such as the credible
threat of force or of infliction
of serious harm;
(e) “document” related to human trafficking includes a passport, a travel documents and any identification document used by law enforcement authorities;
(f) “exploitative entertainment” means all activities in connection with human sports or sexual practices or sex and related abusive
means the Federal Government;
(h) “human trafficking” means obtaining, securing, selling, purchasing, recruiting, detaining, harbouring or receiving a person, notwithstanding his implicit or explicit consent, by the use of coercion, kidnapping, abduction, or by giving or receiving any payment
or benefit, or sharing or receiving a share for such person’s subsequent transportation out of or into Pakistan by any means whatsoever for any of the purposes mentioned in section 3;
(i) “inhuman sports” include all sports involving, as a matter
of normal course, infliction of physical or mental injury on
a person against his
will, intention or reasonable expectation;
(j) “organized criminal group” means a structured group of two or more persons, existing for a period of time and acting in concert with the aim of committing any offence under this Ordinance, in order to obtain, directly or indirectly, any financial or other material benefit and includes a person knowingly receiving or disbursing benefits accruing from the commission of any offence in relation to human trafficking by an organized criminal group; and
(k) “victim” means the person who is the subject of or against whom any offence under this Ordinance has been committed.
3. Punishment for human trafficking. ---The human trafficking shall
be punishable as under:---
(i) Whoever knowingly plans or executes any such plan for human trafficking into or out of Pakistan for the purpose of attaining any benefit, or for the purpose of exploitative entertainment, slavery or forced labour
or adoption in or out of Pakistan shall be punishable with imprisonment which may extend to seven years and shall also
be liable to fine:---
Provided that in case of an accused
who, in addition to
committing an offence
as aforesaid has also
been guilty of kidnapping or abducting or any
attempt thereto in connection with such offence, the imprisonment may extend
to ten years
Provided further that whoever
plans to commit an offence under
but has not as yet executed the same shall be punishable with a
term of imprisonment, which may
extend to five years and
shall also be liable to fine.
(ii) Whoever knowingly provides, obtains or employs the labour or services of a person by coercion, scheme, plan or method intended to make such person believe that in the event of non-performance of such labour
or service, he or any other person may suffer from serious harm or physical restraint or legal proceedings, shall be punishable with imprisonment which may extend to seven years and shall also be liable to fine:
Provided that if the commission of the
offences under this clause involves kidnapping
or abduction or any
attempt thereto, the term of imprisonment may
extend to ten years with fine:---
Provided further that payment of any remuneration in lieu of services or labour of the victim shall not
be treated as mitigating circumstance while awarding the punishment.
(iii) Whoever knowingly purchases, sells, harbours, transports, provides, detains or obtains a child or a woman through coercion, kidnapping or abduction, or by giving or receiving any benefit for trafficking him or her into or out of Pakistan or with intention thereof, for the purpose of exploitative entertainment by any person and has received or expects to receive some benefit in lieu thereof shall be punishable with imprisonment which
may extend to ten years and shall also be liable to fine:---
Provided that if the commission of the
offence sunder this clause involves
kidnapping or abduction or any
attempt thereto of the victim,
the term of imprisonment may extend to
Provided further that plea, if any, taken by the biological parents of the child shall not prejudice the commission of offence under
(iv) Whoever knowingly takes, confiscates, possesses, conceals, removes or destroys any document related to human trafficking in furtherance of any offence committed under this Ordinance or to prevent or restrict or attempt to prevent or restrict, without lawful authority, a person’s liberty to move or travel shall
be punishable with imprisonment which
may extend to seven years and shall also be liable to fine.
4. Offences committed by organized criminal groups. ---Where an organized criminal group is guilty of any offence under clauses (i),(ii),(iii) or (iv) of section 3, the term of imprisonment or each member of such group involved in the commission of such offence shall not be less than ten years imprisonment and may extend to fourteen years where the
purpose of trafficking of a victim is exploitative entertainment and shall also be
liable to fine.
5. Repetition of commission of offences. --Whoever repeats the commission of an offence under this Ordinance, the term of
imprisonment may extend to fourteen years and the off under shall also be liable to fine.
6. Compensation etc. to the victim. ---The court trying an offence under this Ordinance may where appropriate direct:
(i) the competent authorities of the Government, at any stage of the trial to allow or extend the stay of the victim in Pakistan till such time, as the court deems necessary;
(ii) payment of compensation and expenses
to the victim in accordance with section 545
of the Code;
(iii) Government to make arrangements for the shelter, food and medical treatment of victim being an unaccompanied child or a destitute woman.
7. Proceedings under the Ordinance to be in addition to and not in derogation of any other law.—The proceedings under the Ordinance shall be in addition to and not in derogation of any other proceedings initiated under any other law for the time
being in force.
8. Offences to be cognizable etc.---All offences under the Ordinance shall be cognizable, non bailable, and non-compoundable
as construed by the Code.
9. Investigation. —Notwithstanding anything contained in the Code or any other law for the time being in force, the investigation of the offences under the Ordinance shall be carried out by only such persons or agencies as are specially empowered by the Government in
10. Cognizance of offences etc.--- No court inferior to that of a Magistrate of the First Class shall try an
offence punishable under this Ordinance.
(2) Notwithstanding anything contained in section 32 of the Code, it shall be lawful for a Magistrate of the First Class
to pass any sentence authorized by this Ordinance.
11. Indemnity. —No suit, prosecution or any other legal proceedings shall lie against the Government or any other person exercising any power or performing any function under this Ordinance or the rules made thereunder for anything done in good faith.
12. Power to make rules. —The Government may, by a notification in official gazette, make rules to carry out
the purposes of this Ordinance.
GENERAL PERVEZ MUSHARRAF,
Mr. JUSTICE MANSOOR AHMED,
PREVENTION AND CONTROL OF HUMAN TRAFFICKING RULES, 2004
Islamabad, 29 November 2004
S.R.O.970 (1)/2004_ In exercise
of powers conferred
by section 12 of the Prevention and
Control of Human Trafficking
Ordinance, 2002, (LIX of 2002), the Federal Government is pleased
to make the following
1. Short title
and commencement – (1) These
rules may be called the Prevention and Control of
Human Trafficking Rules, 2004.
2. (2) They shall come
into force at once.
2. Definitions.- In these
Rules, unless there is anything
repugnant in the subject or context,---
(a) “court” means the court having
jurisdiction to try the offences
under the Ordinance;
means the Federal Government.
(c) “Non-Governmental Organizations” means the Non-Governmental Organizations
notified by the Government under these rules
from time to
means the Prevent and
Control of Human Trafficking
Ordinance 2002 (LIX of 2002); and
(e) “victim” shall have the same meaning
as defined in the Ordinance.
(2) Words and
expression used but not defined in these
rules shall have the
same meaning as in the
3. Recording statement
and custody of the victim.- (1) A victim of an offence
under the Ordinance, shall be produced
before the court for
recording his statement under
section 164 of the
Code of Criminal Procedure, 1998 (V of 1998), except where the victim is unable, or otherwise not feasible
for any reason to be recorded
in writing, to get his
(2) In case the victim is an un-accompanied child
or a destitute women, the
court before whom such victim is produced
may pass an order
to keep him in a shelter
home established by the
Government or by the Non-Government Organizations for accommodation, food
Provided that where the victim is not satisfied
with the Non-Governmental Organization to
which his custody
was given by the court, he may
apply to the court for
(3) The court may, for the welfare of the
victim, hand over
the custody to any of his blood relation after
requiring a bound from the custodian for
safe c custody of the
his production before the court at the time and place
mentioned in the bond and shall continue to
produce until other
4. Establishment of shelter
homes and security arrangements. – The Government shall establish shelter homes for safe custody of the
victims and shall also make necessary
security arrangement for the protection of
the victims in the shelter
homes whether established by the Government or the Non-Governmental Organizations.
5. Responsibilities of Non-Governmental Organizations.- (1) The Non-Governmental Organizations to which the victims are handed
over, shall be responsible for proper shelter, food and medical
treatment at a notified place
which shall be open to inspection by an inspecting
officer notified by the Government.
(2) In case any
Non-Governmental Organization is found involved
in maltreatment with the victim or fails to
fulfill its responsibilities of providing proper shelter, food
treatment, its notification may e cancelled, after
giving an opportunity of being heard.
6. Legal assistance to the victim.- (1) The Government shall and the Non-Governmental Organizations may
the victim during trial of the case and
other legal proceedings under
(2) The Government shall allocate appropriate funds
for providing legal assistance to the victims.
7. Recording evidence
and repatriation of the victim.- (1) Where a victim is not a citizen
of Pakistan, the court shall record
the evidence of the
victim at the earliest. If the
victim is no more required for the trial, the court may direct the Government to facilitate such victim for
Provided that the victim whose
presence is considered necessary by the court for the trial of the case or
repatriation is not possible, shall be entitled
to the National Alien Registration Authority
for his temporary
registration as alien or
for work permit.
(2) If the repatriation of the
victim is decided, the Government shall in consultation with the concerned
Embassy or, as the case may be, the High Commission of the country to which the
victim belongs, make necessary
arrangements for its safe return.
(3) The Non-Governmental Organizations
may provide assistance to
the Government in the process
of repatriation of the victim.
(4) The Government shall establish special funds
for repatriation of the victim.
(4) The Government shall establish special funds
for preparation of the victim [Ministry of