The new legislation significantly expands the scope of human trafficking law – introducing tougher penalties for traffickers and migrant smugglers, it strengthens investigations and prosecutions to ensure justice for survivors.  

It will help to reduce misidentification of trafficking cases and introduce more protections for survivors who have been trafficked into devastating situations of sexual exploitation, forced labour, criminal exploitation and other forms of modern slavery. 

In a critical step forward for the country, the Prevention and Suppression of Human Trafficking and Smuggling of Migrants Ordinance 2025 will ensure Bangladesh’s legal framework meet international standards and aligns the country’s definition of human trafficking and smuggling of migrants with the UN T Protocol. 

What changes are included in the new legislation? 

A consolidated legal framework 

For many years, Trafficking in Persons (TIP) and Smuggling of Migrants (SoM) have been conflated in Bangladesh, with migration-related offenses dispersed across multiple laws. The absence of SoM-specific provisions in existing legislation, combined with the nuanced differences between TIP and SoM offenses, has led to widespread misclassification of cases. As a result, SoM cases, as well as offenses involving violence against women and children have often been incorrectly prosecuted as trafficking, contributing to low conviction rates. 

The new Ordinance aligns Bangladesh’s definition of trafficking  and SOM with the relevant UN Protocol, clarifying which cases proceed to trial and enabling faster, more effective justice for survivors. 

Tougher penalties for trafficking and smuggling crimes 

The Ordinance reorganises offences into three chapters covering trafficking, Smuggling of Migrants (SoM), and general or ancillary offences. It recognizes trafficking for forced criminality and adoption for the purpose of exploitation as criminal offenses While the most severe penalties for organised trafficking — including life imprisonment and capital punishment — remain unchanged, penalties for related offences have been strengthened. 

Assisting trafficking, including by providing property or handling documents linked to the crime, now carries penalties of 3–7 years’ imprisonment and fines. Importing or transferring a person for sexual exploitation is punishable by 3–10 years’ imprisonment. Smuggling of migrants is fully criminalised for the first time, with penalties of up to life imprisonment, and those who instigate, aid, or conspire may face the same punishment as principal offenders.  

Protection against intimidation  

Survivors often face threats from traffickers attempting to force them to settle complaints. The new Ordinance updates previous provisions to protect victims and witnesses and prevent forced compromises and out of court settlements. Ancillary offences such as witness intimidation, obstruction of justice, and disclosure of victims’ identities carry penalties of up to seven years’ imprisonment. 

Stronger investigative powers 

Investigative procedures have been strengthened to improve evidence-gathering, prosecutions, and victim protection. Judges may order short, time-limited preliminary inquiries where appropriate, but full investigations must be conducted by trained law enforcement agencies. 

Investigators and tribunals are now empowered to freeze bank accounts, examine assets, and seize property linked to trafficking and SoM offences — including assets held overseas through Mutual Legal Assistance. Tribunals may also restrict suspects’ travel during investigations where there is a risk of evasion. 

Criminalisation of online trafficking and smuggling advertisements 

The Ordinance criminalises fraudulent online recruitment and migration advertisements that facilitate trafficking or Smuggling of Migrants. Creating or disseminating such advertisements with the intent to commit SoM is now punishable by 3–7 years’ imprisonment. 

AHTO Tribunals empowered to prosecute related offences 

Anti-Human Trafficking Offence (AHTO) Tribunals can now prosecute offences connected to trafficking or SoM cases — including money laundering, assault, drug offences, and sexual violence — alongside the principal offence, reducing delays and the burden on victims and witnesses. 

Stronger non-criminalisation protections for victims 

The Ordinance strengthens the non-criminalisation principle by explicitly exempting victims from prosecution for acts committed as a direct consequence of being trafficked or smuggled, including illegal entry or transit, remaining in destination countries, and possession of fraudulent travel or identity documents. 

Additional procedural and victim protection measures 

The law introduces clearer procedures for trials in absentia, strengthens enforcement of fines and compensation, requires regular reporting on victims placed in shelters or rehabilitation centres, enhances child-sensitive procedures, reinforces Mutual Legal Assistance for cross-border cases, and expands powers to support case identification and the establishment of a National Referral Mechanism (NRM). 

How did Justice & Care become involved in drafting the legislation? 

Since 2020, Justice & Care has systematically documented weaknesses and misapplications within Bangladesh’s anti-trafficking legal framework. Working closely with government ministries and stakeholders, the organisation presented evidence and led discussions on how to close these gaps. 

In response, the Ministry of Home Affairs requested Justice & Care to assist in drafting a new legal framework, the Prevention and Suppression of Human Trafficking and Smuggling of Migrants Ordinance 2025 to replace the 2012 Act, through a series of consultations with relevant stakeholders and a rigorous vetting process. 

Mohammad Tariqul Islam, Justice & Care’s Country Director in Bangladesh, said: 

 “This marks a critical step forward for the Bangladesh government’s fight against human trafficking and the smuggling of migrants. For too long, traffickers have exploited weaknesses in the law, while survivors have faced an uphill battle for justice. Passing this law is only the beginning, we will now focus on ensuring that it is implemented effectively across the country.” 

With the Ordinance now approved, the focus shifts to implementation. Justice & Care will continue working alongside government and law enforcement partners to support effective use of the law, strengthen prosecutions, and ensure survivors receive the protection and justice this reform was designed to deliver.