Section 5 of ITPA : Section 5: Procuring, Inducing Or Taking Person For The Sake Of Prostitution

Explanation using Example

Imagine a scenario where an individual, John, approaches a young woman, Jane, in her hometown. John promises Jane a lucrative job in a different city. However, his real intention is to force her into prostitution once they arrive at the destination. Jane believes John and agrees to travel with him, unaware of his true plans.

Upon arrival, Jane discovers the job does not exist and that John intends to coerce her into prostitution. Fortunately, before any harm can be done, the authorities are alerted and John is arrested.

Under Section 5 of The Immoral Traffic (Prevention) Act, 1956, John would be charged for procuring and attempting to take Jane for the purpose of prostitution. Since Jane is an adult and assuming she is neither a child nor a minor, John would face a rigorous imprisonment of not less than three years and not more than seven years, along with a fine.

If Jane had been a child or a minor, the punishment for John would be more severe, potentially extending to life imprisonment for a child or a term of seven to fourteen years for a minor.

The trial could take place either in Jane's hometown, where John procured her, or in the city to which he took her, demonstrating the jurisdictional flexibility provided by the act.