The Immoral Traffic (Prevention) Act, 1956
Bare Act
(1) Any 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.
(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 subsection (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, 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).
(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.
Simplified Act
Simplified Explanation of The Immoral Traffic (Prevention) Act, 1956 - Section 7
Part 1: If anyone is involved in prostitution, either offering or seeking, within certain areas:
- (a) Areas that have been officially declared off-limits for such activities, or
- (b) Places close to religious sites, schools, hostels, hospitals, nursing homes, or other public places as specified by the police or a magistrate,
They could go to jail for up to three months.
Part 1A: If the person involved in prostitution is a child or a minor:
The offender can be jailed for at least seven years, and possibly for life, or up to ten years, and also face a fine. However, the court can give a lesser sentence if there are strong, specific reasons stated in the judgment.
Part 2: If a person:
- (a) Allows a public place they manage to be used for prostitution,
- (b) Knowingly permits prostitution on their property, or
- (c) Rents out property knowing it will be used for prostitution, or actively allows it,
They can be jailed for up to three months, fined up to 200 rupees, or both for a first offense. For further offenses, the punishment is up to six months in jail plus a fine. If the place is a hotel, its license can be suspended for three months to a year. If the offense involves a child or minor in a hotel, the hotel's license can be canceled.
Explanation: The term "hotel" is defined as in the Hotel - Receipts Tax Act, 1980.
Part 3: The state government can declare certain areas where prostitution is not allowed based on who goes there, population, and other factors.
Part 4: When an area is declared off-limits, the government will clearly state the boundaries in the official notice.
Part 5: These declarations won't take effect immediately; they start 90 days after being officially announced.
Explanation using examples
Imagine a scenario where there is a residential building located within 150 metres of a local school. The owner of the building, Mr. Sharma, rents out one of the apartments to Mr. Roy without inquiring into Mr. Roy's intentions for the property. It later comes to light that Mr. Roy has been using the apartment for prostitution.
Under Section 7 of The Immoral Traffic (Prevention) Act, 1956, both Mr. Roy, who carried on prostitution, and the individuals involved with him would be liable for punishment due to the proximity of the apartment to the school, which is less than 200 metres.
Furthermore, Mr. Sharma, as the owner of the premises, could also face legal consequences for permitting the use of his property for prostitution, either knowingly or due to negligence in not verifying the intended use of the apartment by Mr. Roy. If convicted, Mr. Sharma could be subject to imprisonment, a fine, or both.
If the act of prostitution involved a minor or a child, the penalties would be more severe, with the possibility of imprisonment for a minimum of seven years, as stipulated by the act.
In addition, if the local government had previously notified the area as one where prostitution is not to be carried on, the penalties could be further enhanced, and Mr. Sharma could face even stricter legal repercussions.
