CONVENTION ON PREVENTING AND COMBATING TRAFFICKING IN WOMEN AND CHILDREN FOR PROSTITUTION ACT

Arrangement of Sections

1. Short title.

2. Trafficking of women and children for prostitution.

3. High Court to try offences under this Act.

4. Aggravating Circumstances.

5. Rights of certain persons arrested for the offences made under this Act.

6. Amendment to the Extradition Law No. 8 of 1977.

7. Existing extradition arrangements with convention States deemed to provide for offences in the Schedule.

8. Minister may treat convention as an extradition arrangement between Sri Lanka and certain convention States, in respect of offences in the Schedule.

9. Duty of Minister to notify requesting State of measures taken against persons for whose extradition a request is made.

10. Assistance to Convention States.

11. Minister to issue directions.

12. Minister may take additional measures to combat trafficking.

13. Sinhala text to prevail in case of inconsistency.

14. Interpretation.

SCHEDULE

30 of 2005.

AN ACT to give effect to the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 20th September, 2005]

1. Short title.

This Act may be cited as the Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Act, and shall come into operation on such date as the Minister by Order published in the Gazette certifies as the date on which the Convention on Preventing and Combating Trafficking in Women and Children for Prostitution signed at Kathmandu on January 05, 2002 (hereinafter referred to as the "Convention”), enters into force in respect of Sri Lanka.

2. Offence of Trafficking of women and children for prostitution.

(1) Any person who—

(i) keeps, maintains or manages;

(ii) knowingly finances or takes part in the financing of; or

(iii) knowingly lets or rents, a building or other place or any part thereof for the purpose of trafficking of women and children for prostitution or any matter connected thereto, shall be guilty of an offence under this Act.

(2) Any person who—

(a) attempts to commit;

(b) aids or abets in the commission of;

(c) conspires to commit, an offence under subsection (1) shall be guilty of an offence under this Act.

(3) —

(a) Any person who is guilty of an offence under subsections (1) or (2) of this section shall be punished with imprisonment of either description for a period not less than three years and not exceeding fifteen years and be liable to a fine.

(b) The Court may recover compensation to be paid to the victim by way of a fine imposed under paragraph (a), taking into consideration the nature of the offence. A further term of imprisonment which may extend to five years may be imposed in the case of a failure to pay compensation.

(c) In case the offence is committed on a subsequent occasion, the offender shall be punished with twice the punishment and fine as is specified in respect of the offence.

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