IMMORAL TRAFFIC (PREVENTION) ACT, 1956
8.
Seducing or soliciting for purpose of Prostitution
Whoever,
in any public place or within sight of, and in such manner as to be seen
or heard from, any public place, whether from within any building or house
or not-
(a)
by words, gestures, wilful exposure of his person (whether by sitting
by a window or on the balcony of a building or house or in any other way),
or otherwise tempts or endeavours to tempt, or attracts endeavours or
to attract the attention of, any person for the purpose of prostitution;
or
(b)
solicits or molests any person, or loiters or acts in such manner as to
cause obstruction or annoyance to persons residing nearby or passing by
such public place or to offend against public decency, for the purpose
of prostitution,
shall
be punishable on first conviction with imprisonment for a term which may
extend to six months or with fine which may extend to five hundred rupees,
or with both, and in the event of a second or subsequent conviction, with
imprisonment for a term which may extend to one year, and also with fine
which may extend to five hundred rupees :
33[Provided
that where an offence under this section is committed by a man, he shall
be punishable with imprisonment for a period of not less seven days but
which may extend to three months.]
9. Seduction of a poison in custody
34[***]Any
person who 35[having the custody, charge or care of, or a position of
authority over, any 23[person], causes or aids or abets the seduction
for prostitution of that 23[person], 36[shall be punishable 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 judgment, impose a sentence of imprisonment for a term of less than
seven years.]
37[***]
38[10 [Release on probation of good conduct or after due admonition]
Rep.
by the Suppression of Immoral Traffic in Women and Girls (Amendment) Act,
1986 (44 of 1986), s. 13, w.e.f. 26th. January, 1987.]
10A. Detention in a corrective institution
(1)
Where-
(a)
a female offender is found guilty of an offence under section 7 or section
8, 39[***]; and.
(b)
the character, state of health and mental condition of the offender and
the other circumstances of the case are such that it is expedient that
she should be subject to detention for such term and such instruction
and discipline as are conducive to her correction,
it shall
be lawful for the court to pass, ii lieu of a sentence of imprisonment,
an order for detention in a corrective institution for such term, not
being less than two years and not being more than five years, as the court
thinks fit :
Provided
that before passing such an order-
(i)
the court shall give an opportunity to the offender to be heard and shall
also consider any representation which the offender may make to the court
as to the suitability of the case for treatment in such an institution
as also the report of the probation officer appointed under the Probation
of Offenders Act, 1958 (20 of 1958), and
(ii)
the court shall record that it is satisfied that the character, state
of health and mental condition of the offender and the other circumstances
of the case are such that the offender is likely to benefit by such instruction
and discipline as aforesaid.
(2)
Subject to the provisions of sub-section (3), the provisions of the Code
of Criminal Procedure, 1973 (2 of 1974), relating to appeal, reference
and revision, and of the Limitation Act, 1963 (36 of 1963), as to the
period within which an appeal shall be filed, shall apply in relation
to an order of detention under sub-section (1) as if the order had been
a sentence of imprisonment for the same period as the period for which
the detention was ordered.
(3)
Subject to such rules as may be made in this behalf, the State Government
or authority, authorised in this behalf may, at any time after the expiration
of six months from the date of an order for detention in a corrective
institution, if it is satisfied that there is a reasonable probability
that the offender will lead a useful and industrious life, discharge her
from such an institution, without condition or with such conditions as
may be considered fit, and grant her a written licence in such form as
may be prescribed.
(4)
The conditions on which an offender is discharged under sub-section (3),
may include requirements relating to residence of the offender and supervision
over the offender's activities and movements.]
Continued
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IMMORAL
TRAFFIC (PREVENTION) ACT, 1956
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