IMMORAL TRAFFIC (PREVENTION) ACT, 1956
6. Detaining a person
in premises where prostitution is carried on
(1) may person who
detains 27[any other person, whether with or without his consent],-
(a) in any brothel,
or
(b) in or upon any
premises with intent 27[that such person may have sexual intercourse with
a person, who is not the spouse of such person,]
"shall be punishable
27[on conviction, with imprisonment of either description for a term which
shall not be less than seven years but which may be for life or for a
term which may extend to ten years and shall also be liable to fine:
Provided that the court
may, for adequate and special reasons to be mentioned in the judgement
impose a sentence of imprisonment for a term of less than seven years.)
28[(2) Where any person
is found with a child in a brothel, it shall be presumed, unless the contrary
is proved, that he has committed an offence under sub-section (1).
(2A) Where a child
or minor found in a brothel, is, on medical examination, detected to have
been sexually abused, it shall be presumed, unless the contrary is proved,
that the child or minor has been detained for purposes of prostitution
or, as the case may be, has been sexually exploited for commercial purposes.)
(3) A person shall
be presumed to detain a woman or girl in a brothel or in or upon any premises
for the purpose of sexual intercourse with a man other than her lawful
husband, if such persons with intent to compel or induce her to remain
there, -
(a) withholds from
her any jewellery, wearing apparel, money or other property belonging
to her, or
(b) threatens her with
legal proceedings if she takes away with her any jewellery, wearing apparel,
money or other property lent or supplied to her by or by the direction
of such person.
(4) Notwithstanding
any law to the contrary, no suit, prosecution or other legal proceeding
shall lie against such woman or girl at the instance of the person by
whom she has been retained, for the recovery of any jewellery, wearing
apparel or other property alleged to have been or lent supplied to or
for such woman or girl or to have been pledged by such woman or girl or
for the recovery of any money alleged to be payable by such woman or girl.
7. Prostitution in or in the vicinity of public places
29[(1) Any 23[Person],
who carries on prostitution and the person with whom such prostitution
is carried on, in any premises-
(a) which are within
the area or areas, notified under sub-section (3), or
(b) which are within
a distance of two hundred metres of any place of public religious worship,
educational institution, hostel, hospital, nursing home or such other
public place of any kind as may be notified in this behalf by the Commissioner
of Police or magistrate in the manner prescribed,
shall be punishable
with imprisonment for a term which may extend to three months.]
30[(1A) Where an offence
committed under sub-section (1) is in respect of a child or minor, the
person committing the offence shall be punishable with imprisonment of
either description for a term which shall not be less than seven years
but which may be for life or for a term which may extend to ten years
and shall also be liable to fine
Provided that the court
may, for adequate and special reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a term of less than seven years.]
(2) Any person who-
(a) being the keeper
of any public place knowingly permits prostitutes for purposes of their
trade to resort to or remain in such place; or
(b) being the tenant,
lessee, occupier or person in charge of any premises referred to in sub-section
(1) knowingly permits the same or any part thereof to be used for prostitution;
or
(c) being the owner,
lessor or landlord of any premises referred to in sub-section (1), or
the agent of such owner, lessor or landlord, lets the same or any part
thereof with the knowledge that the same or any part thereof may be used
for prostitution, or is wilfully a party to such use,
shall be punishable
on first conviction with imprisonment for a term which may extend to three
months, or with fine which may extend to two hundred rupees, or with both,
and in the event of a second or subsequent conviction with imprisonment
for a term which may extend to six months and also with fine 31[which
may extend to two hundred rupees, and if the public place or premises
happen to be a hotel, the licence for carrying on the business of such
hotel under any law for the time being in force shall also be liable to
be suspended for a period of not less than three months but which may
extend to one year:
Provided that if an
offence committed under this sub-section is in respect of a child or minor
in a hotel, such licence shall also be liable to be cancelled.
Explanation. -For the
purposes of this sub-section, "hotel" shall have the meaning
as in clause (6) of section 2 of the Hotel Receipts Tax Act, 1980 (54
of 1980)].
32[(3) The State Government
may, having regard to the kinds of persons frequenting any area or areas
in the State, the nature and the density of population therein and other
relevant considerations, by notification in the Official Gazette, direct
that prostitution shall not be carried on in such area or areas as may
be specified in the notification.
(4) Where a notification
is issued under sub-section (3) in respect of any area or areas, the State
Government shall define the limits of such area or areas in the notification
with reasonable certainty.
(5) No such notification
shall be issued so as to have effect from a date earlier than the expiry
of a period of ninety days after the date on which it is issued.]
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