FREQUENTLY ASKED

QUESTIONS
THE IMMORAL TRAFFIC
(PREVENTION) ACT, 1956
 FREQUENTLY ASKED
QUESTIONS
THE IMMORAL TRAFFIC
(PREVENTION) ACT, 1956
 Frequently Asked Questions (FAQs):
The Immoral Trafc (Prevention) Act, 1956

1. What is the objective of Immoral Trafc (Prevention) Act, 1956?

This is the Central law for the prevention of immoral trafc in India. The
law regulates or curbs open manifestation of prostitution. It recognises
certain acts related to prostitution as an offence. These are:
a. Keeping a brothel;
b. Living on the earnings of prostitution;
c. Procuring, inducing or taking person for the sake of prostitution;
d. Detaining a person in premises where prostitution is carried on;
e. Prostitution in or in the vicinity of public places;
f. Seducing or soliciting, etc.

2. What is prostitution? Is prostitution illegal in India?

In common parlance, the term prostitution or sex trade refers to an
activity wherein a person, particularly a woman engages in sexual
activity for payment.
As per section 2(f) of the Act, prostitution means the sexual
exploitation or abuse of persons for commercial purposes for
consideration in money or in any other kind, and the expression
“prostitute” shall be construed accordingly.
a. The Act neither legalises nor penalises the act of prostitution. It
does not seek to abolish prostitution or sex work per se and hence
practice of prostitution individually, independently and voluntarily
by a woman does not constitute an offence. But the law prohibits
and penalises certain acts related to prostitution such as
prostitution in or in the vicinity of public places or Seducing or
soliciting for the purpose of prostitution, etc.

3. What is a corrective institution?

Section 10-A denes a corrective institution as an institution where
female offenders who are found guilty of offence under section 7 and 8
are detained for such term and such instruction and discipline
conducive to their correction.

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4. Does the offender have the right of being heard before such
correction order is passed?
Yes, before passing such order the court provides 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.

5. What is the duration of detention in a corrective institution?

The detention order shall not be less than 2 years and not more than 5
years. The State Government or authority, authorised in this behalf
may, after the expiration of 6 months from the date of an order for
detention can order her release, if satised that the offender will lead a
useful and industrious life, with or without condition and grant her a
written licence in this regard.

6. What are the conditions for the release from Corrective

Institution?
The condition for the release from the Corrective Institution includes
requirements relating to residence of the offender and supervision over
the offenders activities and movements.

7. What is a protective home?

A protective home is an institution where people in need of care and
protection are kept under this Act. Protective homes must have certain
equipment, facilities and technically qualied people.

8. Does a shelter where under trials are kept or the corrective

institution comes under a Protective home?
No.

9. What is a ‘Brothel’ and what are the offences related to it?

According to Section 2(a) ) “brothel“ includes any house, room,
conveyance or place, or any portion of any house, room, conveyance or
place, which is used for purposes of sexual exploitation or abuse for the
gain of another person or for the mutual gain of two or more prostitutes.

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Section 3 of this Act provides for punishment for keeping a brothel or
allowing premises to be used as a brothel. They are
a. Keeping or managing, or acting or assisting in the keeping or
management of a brothel:
First conviction: RI not less than two years to three years and ne
which may extend to ten thousand rupees.
Second or subsequent conviction: RI not less than three years to
seven years and ne which may extend to two lakh rupees.
b. any person who,—
(i) being the tenant, lessee, occupier or person in charge of any
premises, uses, or knowingly allows any other person to use,
such premises as a brothel, or
(ii) being the owner, lessor or landlord of any premises or the agent
of such owner, lessor or landlord, lets the same with the
knowledge that the same is intended to be used as a brothel, or
is wilfully a party to the use of such premises as a brothel, shall
be punished with
First conviction: Imprisonment which may extend to two years and ne
which may extend to two thousand rupees.
Second or subsequent conviction: RI which may extend to ve years
and also with ne.

10. What happens if person “A” is in charge of a premise, and

someone else uses it as a brothel?
In this case, it shall be presumed, until the contrary is proved that “A”
has knowingly allowed that premises or any part thereof to be used a
brothel or has the knowledge that the premises or any part thereof are
being used as a brothel.

11. How will the authorities decide that person “A” knew about the
brothel?
The authorities will decide if:
ü there is a newspaper report having circulation in the area in which
such person resides, which says that the premise is being used for
prostitution, following a search, or
ü a copy of the list of things found during the search.

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12. What will happen to lease or agreement under which such
premises have been leased out or held or occupied at the time of
the commission of the offence?
Such lease or agreement shall become void and inoperative with effect
from the date of the said conviction.

13. Is it a crime to depend upon the earnings of prostitution?

Yes, as per Section 4 of the Act any person over the age of eighteen
years knowingly lives on the earnings of the prostitution of any other
person shall be punished with imprisonment for a term which may
extend to two years, or with ne which may extend to one thousand
rupees, or both.
If such earnings is related to the prostitution of a child, the minimum
punishment shall be imprisonment for a term of not less than seven
years and not more than ten years.

14. How the Court will decide that a person is living on the earnings
of prostitution of another person?
If it is proved that a person over the age of eighteen years:
(a) to be living with, or to be habitually in the company of, a
prostitute; or
(b) to have exercised control, direction or inuence 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

15. How procuring, inducing or taking person for the sake of

prostitution is an offence?
Any person who-
(a) procures or attempts to procure a person whether with or
without his/her consent, for the purpose of prostitution; or
(b) induces a person to go from any place, with the intent that
he/she may for the purpose of prostitution become the inmate
of, or frequent, a brothel; or

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 (c) takes or attempts to take a person or causes a person to be
taken, from one place to another with a view to his/her carrying
on, or being brought up to carry on prostitution ;
or
(d) causes or induces a person to carry on prostitution;
shall be punished with: RI from three years and to seven years
and ne up to two thousand rupees
If the offence is committed against the will of any person, the
punishment of imprisonment for a term of seven years shall extend to
imprisonment for a term of fourteen years: Provided that if the person in
respect of whom an offence committed under this subsection, is a child,
the punishment provided under this sub-section shall extend to
rigorous imprisonment for a term of not less than seven years but may
extend to life.

16. Where the offences mentioned under Q.16 shall be tried?

(a) place from which a person is procured, induced to go, taken or
caused to be taken or from which an attempt to procure or taken
such persons made; or
(b) in the place to which she may have gone as a result of the
inducement or to which he/she is taken or caused to be taken or
an attempt to take him/her is made.

17. Is detaining a person in premises where prostitution is carried

on a crime?
Yes, according to Section 6 of the Act,
(1) Whoever, detains a person with or without his consent in a brothel,
or in or upon any premises with an intention that such person may
have sexual intercourse with a person who is not the spouse of such
person, shall be punished with imprisonment not less than seven
years but which may be for life or for ten years and ne which may
extend to one lakh rupees. Provided that the court may for
adequate and special reasons to be mentioned impose a sentence
of imprisonment for a term which may be less than seven years.
(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 as mentioned under sub-section (1).

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(3) Where a child found in a brothel and upon medical examination it is
found that the child have been sexually abused, it shall be
presumed unless the contrary is proved, that the child has been
detained for purposes of prostitution or, as the case may be, has
been sexually exploited for commercial purposes.

18. Is prostitution in or in the vicinity of public place an offence?

Yes, carrying prostitution (either by the prostitute himself or person
with whom such prostitution is carried on in premises which are within
the notied areas or within a distance of two hundred meters of any
place of public religious worship, educational institution, hotel,
hospital, nursing home or such other public place of any kind as notied
by the Commissioner of Police or Magistrate.
Punishment: Imprisonment which may extend to three months. In case
such offence has been committed in respect of a child then the
punishment 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
ne: 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.

19. Explain Section 9 of the Act, which relates to “Seduction of a

person in custody”
Any person who
(a) having the custody, charge or care of or in a position of authority
over any person;
(b) causes or aids or abets the seduction for prostitution of that
person
shall with imprisonment not less than seven years but which may be for
life or for a term which may extend to ten years and ne: 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.

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20. What is offence relating to seducing or soliciting for purpose of
prostitution?
As per Section 8 whoever in or within the sight of any public place by.-
(a) 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 or
endeavours to attract the attention of, any person; 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 punished with:
First conviction: Imprisonment up to six months, or ne up to ve
hundred rupees, or with both.
Second or subsequent conviction: Imprisonment up to one year, and
ne up to ve hundred rupees:
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
than seven days but which may extend to three months.

21. Can details about offenders be made public?

Yes, but only in some cases – According to Section 11 i.e Notication of
address of previously convicted offenders

If… And… Then…

A person is found Is within a period of Court may, if it thinks t,

guilty of a crime under ve years after at the time of passing the
this law, or of release from prison sentence of imprisonment
kidnapping, trafcking, is again convicted of on such person, also
selling/buying minor any offence order that his residence,
for prostitution under punishable under and any change of, or
the Indian Penal Code, this Act or under any absence from such
1860 with of those sections residence after release be
imprisonment of two with imprisonment notied for a period not
years or upwards. for a term of two exceeding ve years from
years or upwards by the date of expiration of
a court that sentence.

If such conviction is set aside on Appeal or other otherwise, such order shall become void.

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22. What are the functions of Special Police Ofcer and advisory
body under section 13 of the Act?

(1) “Special Police Ofcer” not below the rank of an Inspector of Police
shall be appointed for areas as specied by the State Government
to deal with offences under the Act.
(2) The District Magistrate may confer upon any retired police or
military ofcer the powers conferred by or under this Act on a
special police ofcer: Provided that no such power shall be
conferred on—
(a) a retired police ofcer unless such ofcer, at the time of his
retirement, was holding a post not below the rank of an
inspector;
(b) a retired military ofcer unless such ofcer, at the time of his
retirement, was holding a post not below the rank of a
commissioned ofcer.
(3) the special police ofcer of an area shall be assisted by such
number of subordinate police ofcers including women police
ofcer.
(4) the State Government may associate with the special police ofcer
a non-ofcial advisory body consisting of not more than ve 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.

27. Why trafcking police ofcers are appointed under the Act?
The Central Government may, for the purpose of investigating any
offence under this Act or under any other law dealing with sexual
exploitation of persons and committed in more than one State, appoint
trafcking police ofcers. They shall exercise powers and discharge all
the functions as are exercisable by special police ofcers under this Act
with the modication that they shall exercise such powers and
discharge such functions in relation to the whole of India.

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23. Can search under this Act be made without warrant?
Yes, the special police ofcer or the trafcking police ofcer has
reasonable grounds for believing that an offence punishable under this
Act has been or is being committed in respect of a person living in any
premises, and that search of the premises with warrant cannot be made
without undue delay, such ofcer may, after recording the grounds of
his belief, enter and search such premises without a warrant.

24. What needs to be done during search?

Before making a search the special police ofcer or the trafcking
police ofcer 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: Provided that the
requirement as to the respectable inhabitants being from the locality in
which the place to be searched is situate shall not apply to a woman
required to attend and witness the search.

25. What if a person who has been called to witness a search

refuses to come?
Any person who, without reasonable cause, refuses or neglects, to
attend and witness a search 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(Omission to assist public
servant when bound by law to give assistance) of the Indian Penal Code,
1860).

26. What is the procedure related to rescue of a person under the

Act?
Where a magistrate has reason to believe that any person is living, or is
carrying on, or is being made to carry on, prostitution in a brothel, he
may direct a police ofcer not below the rank of a sub-inspector to enter
such brothel, and to remove therefrom such person and produce such
person before him. In case the special police ofcer removing a person
or a police ofcer rescuing a person is unable to produce him before the
appropriate magistrate he shall forthwith produce him before the
nearest magistrate of any class, who shall pass orders for his safe
custody. : Provided that no person shall be

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 (i) detained in custody for a period exceeding ten days from the
date of the order;
or
(ii) restored to or placed in the custody of a person who may
exercise a harmful inuence over him.

27. What are the duties of the Magistrate?

(1) Inquiry to be made as to the correctness of the information
received with regard to the
ü age, character and antecedents of the person and the suitability of
his parents, guardian or husband for taking charge of him; and
ü the nature of the inuence which the conditions in his home are
likely to have on him if he is sent home, and for this purpose, he may
direct a probation ofcer appointed under the Probation of
Offenders Act, 1958, to inquire into the above circumstances and
into the personality of the person and the prospects of his
rehabilitation.
(2) If upon inquiry it is found that the information received is correct
and that the person is in need of care and protection, the
Magistrate may order for the detention of such person for a period
not less than one year and not more than three years in a protective
home, or in such other suitable custody for reasons to be recorded
in writing.
(3) If the person is below 18, then the Magistrate can place him or her
in an institution recognized under laws meant for children.
(4) A person cannot be placed in the custody of someone of a different
religious belief from them. The person in charge of the place of
custody can be asked to enter into a bond to ensure that they take
care of the person. This bond cannot be in force for more than 3
years.
(5) The Magistrate can take assistance from 5 respectable persons, 3
of whom should be women.
(6) An appeal against the order shall lie to the Court of Session whose
decision on such appeal shall be nal.

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28. Can a Magistrate order for the closure of brothel and eviction of
offenders from the premises?
Yes. The magistrate upon receiving information that a place within a
distance of 200 metres of any public place is being run and used as a
brothel, issue notice to the person in charge of such place to explain
within 7 days why place/premises should not be attached for its
improper use.
If after hearing the person in charge, the Magistrate feels that such
place/premise is being used as a brothel or for carrying on prostitution
may pass an order:
ü For the eviction of the occupier of such place/premise within 7
days. This order cannot be appealed, and is valid for 1-3 years
ü Directing that before letting it out during the period of one, or in a
case where a child or minor has been found in such house, room,
place or, during the period of three years 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. Failure to comply with the order shall attract ne of
ve hundred rupees.
ü If the owner, lessor or landlord or agent is innocent, then the
Magistrate will return the space to him or her, with a direction that
the space not be given back to the person who was allowing its
misuse.
ü If a Magistrate or court passes an order under this section, any
relevant lease agreement that applies to that space will become
invalid.

29. Explain Section19, relating to the application for being kept in a

protective home or provided care and protection by court.
A person carrying on or is being made to carry on prostitution may apply
to a Magistrate to –
ü Be kept in a protective home, or
ü Be provided care and protection by the court
The Magistrate may pending inquiry can direct this person to be kept in
such custody as he may consider proper. After the inquiry, the

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Magistrate may order that the applicant be kept in a –
ü Protective home, or
ü In a corrective institution, or
ü Under the supervision of a person appointed by the magistrate.

30. Can a prostitute be ordered to leave an area? What is the

punishment if a prostitute fails to comply with such orders?
Yes, the magistrate after giving an opportunity to the person to be
removed from any place and be prohibited from re-entering such area
pass an order for is removal.
In case of non- compliance of such orders the punishment shall be in the
form of ne which may extend to two hundred rupees and in the case of
a continuing offence with an additional ne which may extend to twenty
rupees for every day after the rst during which he has persisted in the
offence.

31. How are protective homes and corrective institutions set up

and run?
The State Government may in its discretion establish protective homes
and corrective institutions. The State Government may, on application
made to it in this behalf by a person or authority issue to 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 or
corrective institution.
Procedure:
ü Before issuing licence investigation needs to be done
ü the management of the protective home or corrective institution
shall, wherever practicable, be entrusted to women
ü Revoke the license in case of non-compliance of the conditions
ü Licenses should be renewed 30 days before its expiry, and are not
transferable.
ü Also, it is an offence to maintain a protective home or corrective
institution that does not comply with this section. The rst offence
shall be punished with a ne of one thousand rupees and in the case

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 of second or subsequent offence with imprisonment for a term
which may extend to one year or with ne which may extend to two
thousand rupees, or with both.

32. Who can ask for the production of records relating to a

protective home or corrective institution?
A court can ask any person or authority who is licensed to maintain a
protective home or corrective institution to produce their records.

33. What is the procedure for trial under the law?

No court, inferior to that of a Metropolitan Magistrate or a Judicial
Magistrate of the rst class shall try any offence under section 3
(Punishment for keeping a brothel or allowing premises to be used as a
brothel), section 4 (Punishment for living on the earnings of
prostitution), section 5 (Procuring, inducing or taking person for the
sake of prostitution), section 6 (Detaining a person in premises where
prostitution is carried on), section 7 (Prostitution in or in the vicinity of
public places) or section 8 (Seducing or soliciting for purpose of
prostitution).

34. What is the provision relating to the establishment of Special

Courts?
Under section 22A if the State Government for the purpose of speedy
trial of offences under this Act in any district or metropolitan area, may,
by notication in the Ofcial Gazette and after consultation with the
High Court, establish one or more Courts of Judicial Magistrates of the
rst class, or as the case may be, Metropolitan Magistrates, in such
district or metropolitan area.
Under section 22AA the Central Government for the purpose of
providing for speedy trial of offences under this Act and committed in
more than one State, may, by notication in the Ofcial Gazette and
after consultation with the High Court concerned, establish one or
more courts of Judicial Magistrates of the rst class or Metropolitan
Magistrates for the trial of such offences.

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