Suppression of Immoral Traffic in Women and Girls Act, 1956

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HomeBrud.gifIndian LawBrud.gifIndian ActsBrud.gifSuppression of Immoral Traffic in Women and Girls Act, 1956

ACT NO. 104 OF 1956

[30th December, 1956]

An Act to provide in pursuance of the International Convention signed at New York on the 9th day of May, 1950, for the suppression of immoral traffic in women and girls.

BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:-

1. Short title, extent and commencement. 1. Short title, extent and commencement. (1) This Act may be called the Suppression of Immoral Traffic in Women and Girls Act, 1956.

(2) It extends to the whole of India.

(3) This section shall, come into force at once; and the remaining provisions of this Act shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions. 2. Definitions. In this Act, unless the context otherwise requires,-

(a) "brothel" includes any house, room.; or place or any portion of any house, room or place, which is used for purposes of prostitution for the gain of another person or for the mutual gain of two or more prostitutes;

(b) "girl" means a female who has not completed the age oftwenty-one years;

(c) "magistrate" means a District Magistrate, a Sub-Divi- sional Magistrate, a Presidency Magistrate, or a Magistrate of the first class specially empowered by the State Government, by notification in the Official Gazette, to exercise jurisdiction under this Act;

(d) "prescribed" means prescribed by rules made under this Act;

(e) "prostitute" means a female who offers her body for promiscuous sexual intercourse for hire, whether in money or in kind;

(f) "prostitution" means the act of a female offering her .body for promiscuous sexual intercourse for hire, whether in money or in kind;

(g) "protective home" means an institution, by whatever name called, in which women and girls may be kept in pursuance of this Act and includes-

(i) a shelter where female undertrials may be kept in pursuance of this Act; and

(ii) a corrective institution in which women and girls rescued and detained under this Act may be imparted such training and instruction and subjected to such disciplinary and moral influences as are likely to conduce to their reformation and the prevention of offences under this Act;

(h) "public place" means any place intended for use by, or accessible to, the public and includes any public conveyance;

(i)" special police officer" means a police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purpose of this Act;

(j) "woman" means a female who has completed the age of twenty-one years.

3. Punishment for keeping a brothel or allowing premises to be used asa brothel.

3. Punishment for keeping a brothel or allowing premises to be

used as a brothel. (1) Any person who keeps or manages, or acts or
assists in the keeping or management of, a brothel shall be punishable
on first conviction with rigorous imprisonment for a term of not less
than one year and not more than three years and also with fine which
may extend to two thousand rupees and in the event of a second or sub-
sequent conviction, with rigorous imprisonment for a term of not less
than two years and not more than five years and also with fine which
may extend to two thousand rupees,

(2) Any person who-

(a) being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or

(b) being the owner, lessor or landlord of any premises 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 is intended to be used as a brothel, or is wilfully a party to the use of such premises or any part thereof as a brothel,


shall be punishable on first conviction with imprisonment for a term
which may extend to two years and with fine which may extend to two
thousand rupees and in the event of a second or subsequent conviction,
with rigorous imprisonment for a term which may extend to five years
and also with fine.

(3) Notwithstanding anything contained in any other law for the

time being in force, on conviction of any person referred to in clause
(a) or clause (b) of sub-section (2) of any offence under that sub-
section in respect of any premises or any part thereof, any lease or
agreement under which such premises have been leased out or are held
or occupied at the time of the commission of the offence, shall become
void and inoperative with effect from the date of the said conviction.


4. Punishment for living on the earnings of prostitution.

4. Punishment for living on the earnings of prostitution. (1)

Any person over the age of eighteen years who knowingly lives, wholly
or in part, on the earnings of the prostitution of a woman or girl
shall be punishable with imprisonment for a term which may extend to
two years, or with fine which may extend to one thousand rupees, or
with both.

(2) Where any person is proved-


(a) to be living with, or to be habitually in the company

of, prostitute; or

(b) to have exercised control, direction, or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or

(c) to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1):


Provided that no such presumption shall be drawn in the case of a

son or daughter of a prostitute, if the son or daughter is below the
age of eighteen years.

5. Procuring, inducing or taking woman or girl for the sake of prostitution.

5. Procuring, inducing or taking woman or girl for the sake of prostitution. (1) Any person who-

(a) procures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of Prostitution; or

(b) induces a woman or girl to go from any place, with the intent that she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or

(c) takes or attempts to take a woman or girl, or causes a woman or girl to be taken, from one place to another with a view to her carrying on, or being brought up to carry on prostitution; or

(d) causes or induces a woman or girl to carry on prostitu- tion;


shall be punishable on first conviction with rigorous imprisonment for
a term of not less than one year and not more than two years and also
with fine 'which may extend to two thousand rupees.

(2) In the event of a second or subsequent conviction of an

offence under this section a person shall be punishable with rigorous
imprisonment for a term of not less than two years and not more than
five years and also with fine which may extend to two thousand rupees.

(3) An offence under this section shall be triable,-


(a) in the place from which a woman or girl is procured, inducedto go, taken or caused to be taken or from which an attempt to procure or take such woman or girl is made; or

(b) in the place to which she may have gone as a result of the inducement or to which she is taken or caused to be taken or an attempt to take her is made.

6. Detaining a woman or girl in premises where prostitution is carriedon.

6. Detaining a woman or girl in premises where prostitution is

carried on. (1) Any person who detains any woman or girl, whether with
or without her consent,--



(a) in any brothel, or (b) in or upon any premises with intent that she may have sexual intercourse with any man other than her lawful husband,


shall be punishable on first conviction with rigorous imprisonment for
a term of not less than one year and not more than two years and also
with fine which may extend to two thousand rupees.

(2) On a second or subsequent conviction for an offence under

this section a person shall be Punishable with rigorous imprisonment
for a term of not less than two years and not more than five years and
also with fine which may extend to two thousand rupees.

(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 inter-
course with man other than her lawful husband, if such person, 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 pro- perty lent or supplied to her by or by the direction of such person.


(4) Notwithstanding any law to the contrary, no suit, prosecu-

tion or other legal proceeding shall lie against such woman or girl at
the instance of the person by whom she has been detained, for ,the
recovery of any jewellery, wearing apparel or other property. alleged
to have been lent or 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.


7. Prostitution in or in the vicinity of public places. (1) Any

woman or girl who carries on prostitution, and the person with whom
such prostitution is carried on, in any premises which are within a
distance of two hundred yards 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 District Magistrate in the manner
prescribed, shall be punishable with imprisonment for a term which may
extend to three months.

(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 which may extend to two hundred rupees.

8. Seducing or soliciting for purpose of prostitution.


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 her 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 or endeavours 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.



9. Seduction of a woman or girl in custody.


9. Seduction of a woman or girl in custody. (1) Any person who

having the custody, charge or care of any woman or girl, causes or
aids or abets the seduction for prostitution of that woman or girl
shall be punishable on first conviction with rigorous imprisonment for
a term of not less than one year and not more than three years, and
also with fine which may extend to one thousand rupees.

(2) In the event of a second or subsequent conviction of an

offence under this section a person shall be punishable with
imprisonment which may extend to five years and also with fine which
may extend to one thousand rupees.


10.

Probation of good conduct and detention in protective home.


10. Probation of good conduct and detention in protective home.

(1) (a) A person convicted for the first time of any offence under
sub-section (2) of section 3, or under section 4, section 5, section
or section 8 may, having regard to his age, character, antecedents and
the circumstances in which the offence was committed, be released by
the court before which he is convicted on probation of good conduct in
the manner provided in sub-section (1) of section 562 of the Code of
Criminal Procedure, 1898.(5 of 1898.)


(b) A person convicted for the first time of any offence under

section 7 or section 8 may, having regard to his age, character,
antecedents and the circumstances in which the offence was committed,
also be released with admonition in the manner Provided


for in subsection (1A) of section 562 of the Code of Criminal
Procedure, 1898.(5 of 1898.)

(c) The provisions of sub-section (2), sub-section (3) and sub-

section (4) of section 562 and section 563 and section 564 of the Code
of Criminal Procedure, 1898, (5 of 1898.) shall apply to cases
referred to in clause (a) and clause (b).

(2) Where a woman or girl is convicted of any offence under

section 7 or section 8 and is not released under clause (a) of sub-
section (1) on probation of good, conduct or under clause (b) of
that sub-section with admonition, the court convicting the woman or
girl may, having regard to the age, character, antecedents of the
woman or girl and the circumstances in-which the offence was com-
mitted, pass in lieu of the sentence of imprisonment or fine, a sen-
tence of detention in a protective home for a period of not less than
two years and not more than five years.

(3) Notwithstanding anything contained in the Code of Criminal

Procedure, 1898, (5 of 1898.) or any other law for the time being in
force, no person convicted under sub-section (1) of section 3 or under
section 6 or section 9 shall be released on probation or with
admonition.


11.

Notification of address of previously convicted offenders.


11. Notification of address of previously convicted offenders.

(1) When any person having been convicted-


(a) by a court in India of an offence punishable under this Act or punishable under section 363, section 365, section 366, section 366A, section 366B, section 367, section 368, section 370, section 371, section 372 or section 373 of the Indian Penal Code, (45 of 1860.) with imprisonment for a term of two years or upwards; or

(b) by a court or tribunal in any other country of an offence which would, if committed in India, have been punishable under this Act or under any of the aforesaid sections with imprisonment for a like term,


is within a period of five years after release from prison, again con-
victed of any offence punishable under this Act or under any of those
sections with imprisonment for a term of two years or upwards by a
court, such court may-, if it thinks fit, at the time of passing the
sentence of imprisonment on such person, also order that his
residence, and any change of, or absence from, such residence, after
release be notified according to rules made under section 23 for a
period not exceeding five years from the date of expiration of that
sentence.


(2) If such conviction is set aside on appeal or otherwise, such

order shall become void.

(3) An order under this section may also be made by an Appellate

Court or by the High Court when exercising its powers of revision,

(4) Any person charged with a breach of any rule referred to in

sub-section (1) may be tried by a magistrate of competent jurisdiction
in the district in which the place last notified as his residence is
situated.


12. Security for good behaviour from habitual offenders.


12. Security for good behaviour from habitual offenders. (1)

When a court convicting a person of an offence under this Act finds
that he has been habitually committing, or attempting to commit, or
abetting the commission of, that offence or any other offence under
this Act and the court is of opinion that it is necessary or desirable
to require that person to execute a bond for good behaviour, such
court may at the time of passing the sentence on the person order him
to execute a bond for a sum, proportionate to his means with or
without sureties for his good behaviour during such period not
exceeding three years as it thinks fit.

(2) If the conviction is set aside on appeal or otherwise the

bond so executed shall become void.

(3) An order under this section. may also be made by an

Appellate Court or by the High Court when exercising its powers of
revision.

(4) When a magistrate receives information from the police or

otherwise that any person within the local limits of his jurisdiction
habitually commits, or attempts to commit, or abets the commission of,
any offence under this Act, such magistrate may require such person to
show cause why he should not be ordered to execute a bond with
sureties for his good behaviour for such period not exceeding three
years as the magistrate thinks fit and thereupon the provisions of
sections 112 to 126 of the Code of Criminal Procedure, 1898, (5 of
1898.) shall apply in such a case.


13. Special police officer and advisory body.


13. Special police officer and advisory body. (1) There shall

be for each area to be specified by the State Government in this
behalf as special police officer appointed by or on behalf of that
Government for dealing with offences under this Act in that area.

(2) The special police officer shall not be below the rank of-


(a) an Assistant Commissioner of Police in the presidency towns of Madras and Calcutta;

(b) a Superintendent of Police in the presidency town of Bombay; and

(c) a Deputy Superintendent of Police elsewhere.


(3) For the efficient discharge of his functions in relation to

offences under this Act-


(a) the special police officer of an area shall be assisted by such number of subordinate police officers (including women police officers wherever practicable) as the State Government may think fit; and

(b) the State Government may associate with the. special police officer a non-official advisory body consisting of not more than five leading social welfare workers of that area (including women social welfare workers wherever practicable) to advise him on questions of general importance regarding the working of this Act.

14. Offences to be cognizable.


14. Offences to be cognizable. Notwithstanding anything

contained in the Code of Criminal Procedure, 1898, (5 of 1898.) any
offence punishable under this Act shall be deemed to be a cognizable
offence within the meaning of that Code:

Provided that, notwithstanding anything contained in that Code,--

(i) arrest without warrant may be made only by the special

police officer or under his direction or guidance, or subject to his
prior approval;

(ii) when the special police officer requires any officer sub-

ordinate to him to arrest without warrant otherwise than in his
presence any person for an offence under this Act, he shall give that
subordinate officer an, order in writing, specifying the person to be
arrested and the offence for which the arrest is being made; and the
latter officer before arresting the person shall inform him of the
substance of the order and, on being required by such person, show'
him the order;

(iii) any police officer not below the rank of inspector

specially authorised by the special police officer may, if he has
reason to believe that on account of delay involved in obtaining the
order of the special police officer, any valuable evidence relating to
any offence under this Act is likely to be destroyed or concealed, or
the person who has committed or is suspected to have committed the
offence is likely to escape, or if the name and address of such a
person is unknown or there is reason to suspect that a false name or
address has been given, arrest the person concerned without such
order, but in such a case he shall report, as soon as may be, to the
special police officer the arrest and the circumstances in which the
arrest was made.


15. Search without warrant.


15. Search without warrant. (1) Notwithstanding anything

contained in any other law for the time being in force, whenever the
special police officer has reasonable grounds for believing that an
offence punishable under this Act has been or is being committed in
respect of a woman or girl living in any premises, and that search of
the premises with warrant cannot be made without undue delay, such
officer may, after recording the grounds of his belief, enter and
search such premises without a warrant.


(2) Before making a search under sub-section (1), the special

police officer shall call upon two or more respectable inhabitants (at
least one of whom shall be a woman) of the locality in which the place
to be searched is situate, to attend and witness the search, and may
issue an order in writing to them or any of them so to do.

(3) Any person who, without reasonable cause, refuses or neg-

lects, to attend and witness a search under this section, when called
upon to do so by an order in writing delivered or tendered to him,
shall be deemed to have committed an offence under section 187 of the
Indian Penal Code.(5 of 1860.)

(4) The special police officer entering any premises under sub-

section (1) shall be entitled to remove therefrom any girl, if in his
opinion she is under the age of twenty-one years and is carrying on or
is being made to carry on, or attempts are being made to make her
carry on, prostitution.

(5) The special police officer, after removing the girl under

subsection (4) shall forthwith produce her before the appropriate
magistrate.

(6) The special police officer and other persons taking part in,

or attending, and witnessing a search shall not be liable to any civil
or criminal proceedings against them in respect of anything lawfully
done in connection with, or for the purpose of, the search.


16.

Rescue of girl.


16. Rescue of girl. (1) Where a magistrate has reason to

believe, from information received from the police or otherwise, that
a girl apparently under the age of twenty-one years, is living, or is
carrying on, or is being made to carry on prostitution, in a brothel,
he may direct the special police officer to enter such brothel, and to
remove therefrom such girls and produce her before him.

(2) The special police officer after removing the girl shall

forthwith produce her before the magistrate issuing the order.


17.

Intermediate custody of girls removed under section 15 or rescuedunder
section 16.


17. Intermediate custody of girls removed under section 15 or

rescued under section 16. (1) When the special police officer removing
a girl under subsection (4) of section 15 or rescuing a girl under
sub-section (1) of section 16, fails to produce her immediately before
the magistrate as required by sub-section (5) of section 15 or sub-
section (2) of section 16, he shall forthwith produce her before the
nearest magistrate of any class, who shall pass such orders as he
deems proper for her safe custody until she is produced before the
appropriate magistrate.
 

(2) When the girl is produced before the appropriate magistrate

he shall, after giving the girl an opportunity of being heard, cause
an enquiry to be made as to the correctness of the information
received under sub-section (1) of section 16 and the age of the girl
and, if satisfied that the information received is correct and the
girl is under the age of twenty-one years, he may, subject to the
provisions of the next sub-section make an order that such girl be
detained for such period as may be specified in the order, in a
protective home or such other custody as he, for reasons to be
recorded' in writing, shall consider suitable:

Provided that such custody shall not be that of a person, or body

of persons, of a religious persuasion different from that of the girl.

(3) In discharging his functions under sub-section (2), a magis-

trate may summon a panel of five respectable persons, three of whom
shall wherever practicable be women, to assist him; and may for this
purpose keep a list of experienced social welfare workers,
particularly women social welfare workers, in the field of suppression
of immoral traffic in women, and girls.

(4) Against every order under sub-section (2) an appeal shall

lie to the Sessions Judge whose decision on such appeal shall be
final.


18.

Closure of brothel and eviction of offenders from the premises.


18. Closure of brothel and eviction of offenders from the

premises. (1) A magistrate may, on receipt of information from the
police or otherwise, that any house, room, place or any portion there-
of within a distance of two hundred yards of any public place referred
to in sub-section (1) of section 7, is being run or used as a brothel
by any person, or is being used by prostitutes for carrying on their
trade, issue notice on the owner, lessor or landlord of such house,
room, place or portion or the agent of the owner, lessor of landlord
or on the tenant, lessee, occupier of, or any other person in charge
of such house, room, place, or portion, to show cause within seven
days of the receipt of the notice why the same should not be attached
for improper user thereof; and if, after hearing the person concerned,
the magistrate is satisfied that the house, room, place, or portion is
being used as a brothel or for carrying on prostitution, then the
magistrate may pass orders-


(a) directing eviction of the occupier within seven days of the passing of the order from the house, room, place, or portion;

(b) directing that before letting it out during the period of one year immediately after the passing of the order, the owner, lessor or landlord or the agent of the owner, lessor or landlord shall obtain the previous approval of the magistrate:


Provided that. if the magistrate finds that the owner, lessor or

landlord as well as the agent of the owner, lessor or landlord, was 
innocent of the improper user of the house, room, place or portion, he
may cause the same to be restored to the owner, lessor or landlord, or
the agent of the owner, lessor or landlord, with a direction that the
house, room place or portion shall not be leased out, or otherwise
given possession of, to or for the benefit of the person who was
allowing the improper user therein.

(2) A court convicting a person of any offence under section 3 or

section 7 may pass orders under sub-section (1), without further
notice to such person to show, cause as required in that sub-section.

(3) Orders passed by the magistrate or court under sub-section

(1) or sub-section (2) shall not be subject to appeal and shall not be
stayed or set aside by the order of any court, civil or criminal, and
the said orders shall cease to have 'validity after the expiry of one
year:

Provided that where a conviction under section 3 or section 7 is

set aside on appeal on the ground that such house, room, place or any
portion thereof is not being run or used as a brothel or is not being
used by prostitutes for carrying on their trade, any order passed by
the trial court under sub-section (1) shall also be set aside.

(4) Notwithstanding anything contained in any other law for the

time being in force, when a magistrate passes an order under sub-
section (1), or a court passes an order under sub-section (2), any
lease or agreement under which the house, room, place or portion is
occupied at the time shall become void and inoperative.

(5) When an owner, lessor or landlord, or the agent of such

owner, lessor or landlord fails to comply with a direction given under
clause (b) of sub-section (1) he shall be punishable with fine which
may extend to five hundred rupees or when he fails to comply with a
direction under the proviso to that sub-section, he shall be deemed to
have committed an offence under clause (b) of sub-section (2) of
section 3 or clause (c) of sub-section (2) of section 7, as the case
may be, and punished accordingly.


19.

Application for being kept in a protective home.


19. Application for being kept in a protective home. (1) A

woman or girl who is carrying on, or is being made to carry on,
prostitution, may make an application to the magistrate within the
local limits of whose jurisdiction she is carrying on, or is being
made to carry on. prostitution, for an order that she may be kept in a
protective home.

(2) If after hearing the applicant and making such inquiry as he
may consider necessary, the magistrate is satisfied that an order

should be made under this section, then, he shall make an order, for
reasons to be recorded, that the applicant be kept in a protective
home for such period as may be specified in the order.


20.

Removal of prostitute from any place.


20. Removal of prostitute from any place. (1) A magistrate on

receiving information that any woman or girl residing in or
frequenting any place within the local limits of his jurisdiction is a
prostitute, may record the substance of the information received and
issue a notice to such woman or girl requiring her to appear before
the magistrate and show cause why she should not be required to remove
herself from the place and be prohibited from re-entering it.

(2) Every notice issued under sub-section (1) shall be

accompanied by a copy of the record aforesaid, and the copy shall be
served along with the notice on the woman or girl against whom the
notice is issued.

(3) The magistrate shall, after the service of the notice

referred to in sub-section (2), proceed to inquire into the truth of
the information received, and after giving the woman or girl an
opportunity of adducing evidence, take such further evidence as he
thinks fit, and if upon such inquiry it appears to him that such woman
or girl is a prostitute and that it is necessary in the interests of
the general public that such woman or girl should be required to
remove herself therefrom and be prohibited from re-entering the same.,
the magistrate shall, by order in writing communicated to the woman or
girl in the manner specified therein, require her after a date (to be
specified in the order) which, shall not be less than seven days from
the date of the order, to remove herself from the place to such place
whether Within or without the local limits of his jurisdiction, by
such route or routes and Within such time as may be specified in the
order and also prohibit her from re-entering the place without the
permission in writing of the magistrate having jurisdiction over such
place.

(4) Whoever-


(a) fails to comply with an order issued under this section, within the period specified therein, or whilst an order prohibiting her from re-entering a place without permission is in force, re-enters the place without such permission, or

(b) knowing that any woman or girl has, under this section, been required to remove herself from the place and has not obtained the requisite permission to re-enter it, harbours or conceals such woman or girl in the place.

shall be punishable with fine which may extend to two hundred rupees

and in the case of a continuing offence with an additional fine which
may extend to twenty rupees for every day after the first during which
she or he has persisted in the offence.


21. Protective homes.


21. Protective homes. (1) The State Government may, in its

discretion establish as many protective homes under this, Act as it
thinks fit and such homes, when established, shall be, maintained in
such manner as may be prescribed.

(2) No person or no authority other than the State Government

shall, after the commencement of this establish or maintain any
protective home except under and in accordance with the conditions of,
a licence issued under this section by the State Government.

(3) The State Government may, on application made to it in this

behalf by a person or authority, issue such person or authority a
licence in the prescribed form for establishing and maintaining or as
the case may be, for maintaining a protective home and a licence so
issued may contain such conditions as the State Government may think
fit to impose in accordance with the rules made under this Act:

Provided that any such condition may require that the management

of the protective home shall, wherever practicable, be entrusted to
women:

Provided further that a person or authority maintaining any pro-

tective home at the commencement of this Act shall be allowed a period
of six months from such commencement to make an application for such
licence.

(4) Before issuing a licence the State Government may require

such officer or authority as it may appoint for this purpose, to make
a full and complete investigation in respect of the application
received in this behalf and report to it the result of such
investigation and in making any such investigation the officer or
authority shall follow such procedure as may be prescribed.

(5) A licence, unless sooner revoked, shall remain in force for

such period as may be specified in the licence and may, on application
made in this be-half at least thirty days before the date of Its
expiration, be renewed for a like period.

(6) No licence issued or renewed under this Act shall be

transferable.

(7) Where any person or authority to whom a licence has been

granted under this Act or any agent or servant of such person or
authority commits a breach of any of the conditions thereof or any of
the provisions of this Act or of any of the rules made under this Act,
or where the State Government is not satisfied with the condition,
management or superintendence of any other penalty which may have been
incurred under this Act, for reasons to be recorded, revoke the
licence by order in writing :

Provided that no such order shall be made until an opportunity is

given to the holder of the licence to show cause why the licence shall
not be revoked.

(8) Where a licence in respect of a protective home has been

revoked under the foregoing sub-section such protective home shall
cease to function from the date of such revocation.

(9) Subject to any rules that may be made in this behalf, the

State Government may also Vary or amend any licence issued or renewed
under this Act.

(10) Whoever establishes or, maintains a protective home except

in accordance with the provisions of this section, shall be punishable
in the case of a first offence with fine which may extend to one
thousand rupees and in the case of second or subsequent offence with
imprisonment for a term which may extend to one year, or with fine
which may extend to two thousand rupees, or with both.


22.

Trials.


22. Trials. No court, inferior to that: of a magistrate as

defined in clause (c) of section 2 shall try any offence under section
3, section 4, section 5, section 6, section. 7 or section 8.


23.

Power to make rules.


23. Power to make rules. (1) The State Government may, by

notification in the Official Gazette, make rules for carrying out the
purposes of this Act.

(2), In particular, and without prejudice to the generality of

the foregoing powers, such rules may provide for-



(a) the notification of any place as a public place;

(b) the placing in, custody of women and girls released under sub-section (1) of section 10 or for whose safe custody orders have been passed under sub-section (1) of section 17 and their maintenance;

(c) the detention and keeping in protective homes of women and girls under sub-section (2) of section 10, sub-section (2) of section 17 and section 19 and their maintenance;

(d) the carrying out of the provisions of section 11 regarding notification' of residence or change of or absence from residence by released convicts;

(e) the delegation of authority to appoint the special police officer under sub-section (1) of section 13;

(f) the carrying into effect of the provisions of section 18;

(g) (i) the establishment, maintenance, management and superintendence of protective homes and the appointment, powers and. duties of persons employed in such homes;

(ii) the form in which an application for a licence may be made and the particulars to be contained in such application;

(iii) the procedure for the issue or renewal of a licence, the time within which such licence shall be issued or renewed and the procedure to be followed in making a full and complete investigation in respect of an application for a licence;

(iv) the form of a licence and the conditions to be specified therein;

(v) the manner in which the accounts of a protective home shall be maintained and audited;

(vi) the maintenance of registers and statements by a licensee and the form of such registers and statements;

(vii) thecare,treatment,maintenance,training, instruction, control and discipline of the inmates of protective homes;

(viii) the visits to and communication with such inmates;

(ix) the temporary detention of women and girls sentenced to detention in protective homes until arrangements are made for sending them to such home

(x) the transfer of a woman or girl from one protective home to another;

(xi) the transfer in pursuance of an order of the court from a protective home to a prison of a woman or girl found to be incorrigible or exercising bad influence upon other inmates ofthe protective home and the period of her detention in such prison;

(xii) the transfer to a protective home of women or girls

sentenced under section 7 or section 8 and the period of their detention in such home;

(xiii)the discharge of inmates from a protective home either absolutely or subject to conditions, and their arrest in the event of breach of such conditions;

(xiv) the grant of permission to inmates to absent themselves for short periods;

(xv) the inspection of protective homes and other

institutions in which women and girls may be kept, detained and maintained;

(h) any other matter which has to be, or may be, prescribed.


(3) In making any rule under clause (d) or clause (g) of sub-

section (2) the State Government may provide that a breach thereof
shall be punishable with fine which may extend to two hundred and
fifty rupees.

(4) All rules made under this Act shall, as soon as may be after

they are made, be laid before the State Legislature.


24.

Act not to be in derogation of certain other Acts.


24.Act not to be in derogation of certain other Acts. Nothing in

this Act shall be construed to be in derogation of the provisions of
the Reformatory Schools Act, 1897 (8 of 1897), or any State 8 of Act
enacted in modification of the said Act or otherwise, relating to
juvenile offenders.


25.

Repeal and Savings.


25.Repeal and Savings. (1) As from the date of the coming into

force in any State of the provisions other than section 1 of this Act,
all State Acts relating to suppression of immoral traffic in women and
girls or to the prevention of prostitution, in force in that State
immediately before such date shall stand repealed.

(2) Notwithstanding the repeal by this Act of any State Act

referred to in sub-section (1), anything done or any action taken
(including any direction given, any register, rule or order made, any
restriction imposed) under the provisions of such State Act shall in
so far as such thing or action is not inconsistent with the provisions
of this Act be deemed to have been done or taken under the provisions
of this Act as if the said provisions were in force when such thing
was done or such action was taken and shall continue in force
accordingly until superseded by any thing done or any action taken
under this Act.

Explanation.-In this section the expression "State Act" includes

a "Provincial Act".

Recent Cases / Related Cases / Case Law

  • October 2014: Andhra Pradesh High Court at Hyderabad said
    • A 'Customer' visiting a brothel house cannot be punished under this Act. Section 4 was meant to punish people living on the earnings of prostitution and that a person who is visiting the brothel will not be covered under the Act.

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