Section 76: Restitution to smuggled persons.

(1)
Where any person is convicted of an offence under this Act or any other relevant law, the Court may, in addition to any penalty or measure, and irrespective of the immigration status of the smuggled person, order the offender to-
(a) return to the smuggled person any money or property obtained from him in the course of or for the purpose of the commission of the offence ;
(b) defray the medical or other expenses of the smuggled person incurred as a result of any injury, loss or damage suffered by him in connection with or as a result of the commission of the offence, including loss of wages where applicable.
(2) where there are two or more offenders convicted of an offence and they are adjudged to make restitution to the person who suffered injury, loss or damage, the Court shall apportion the amount of restitution payable by each offender according to the degree of the benefit he derived, or as the court may otherwise determine.
(3)
Not withstanding any other provision of this Act or any other law; a smuggled person has the right to institute civil action against a smuggler and any other person, including a public officer who may have exploited him or abused his person, for restitution or recovery of any property or assets unlawfully taken from him in the course of the commission of any of the offences created under this Act or under any other relevant law.
(4) where restitution is ordered in addition to any other penalty and that other penalty is subject to appeal, the restitution shall not be made before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before the decision on the appeal.
(5) where an order for restitution has been executed and the conviction is later set aside. the restitution order shall stand notwithstanding :
Provided that such an unexecuted restitution order may be enforced even after the conviction has been set aside where the circumstances are such that a civil court would have ordered restitution in similar circumstances had the matter been tried before it in a civil suit.