THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 
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ARRANGEMENT OF SECTIONS 

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SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
2A. [Omitted]. 
3.  Punishment for keeping a brothel or allowing premises to be used as a brothel. 
4.  Punishment for living on the earnings of prostitution. 
5.  Procuring, inducing or taking person for the sake of prostitution. 
6.  Detaining a person in premises where prostitution is carried on. 
7.  Prostitution in or in the vicinity of public places. 
8.  Seducing or soliciting for purpose of prostitution. 
9.  Seduction of a person in custody. 
10.  [Omitted.] 
10A. Detention in a corrective institution. 
11.  Notification of address of previously convicted offenders. 
12.  [Omitted.] 
13.  Special police officer and advisory body. 
14.  Offences to be cognizable. 
15.  Search without warrant. 
16. Rescue of person. 
17.  Intermediate custody of persons removed under section 15 or rescued under section 16. 
17A. Conditions to be observed before placing persons rescued under section 16 to parents or 

guardians. 

18.  Closure of brothel and eviction of offenders from the premises. 
19. Application for being kept in a protective home or provided care and protection by court. 
20.  Removal of prostitute from any place. 
21.  Protective homes. 
21A. Production of records. 
22.  Trials. 
22A. Power to establish special courts. 
22AA. Power of Central Government to establish special courts. 
22B.Power of Court to try cases summarily. 
23.  Power to make rules. 
24.  Act not to be in derogation of certain other Acts. 
25.  Repeal and savings. 
THE SCHEDULE. 

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THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 
ACT NO. 104 OF 19561 

An Act to provide in pursuance of the International Convention signed at New York on the 9th 

day of May, 1950, for 2[the Prevention of Immoral Traffic]. 

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

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called 3[the  Immoral  Traffic 

[30th December, 1956.] 

(Prevention)] 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 date4 as the Central Government may, by notification in the Official Gazette, appoint. 

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

(a)  “brothel”  includes  any  house,  room  5[,  conveyance]  or  place  or  any  portion  of  any  house, 
room 5[, conveyance] or place, which is used for purposes 6[of sexual exploitation or abuse] for the 
gain of another person or for the mutual gain of two or more prostitutes; 

7[(aa) “child” means a person who has not completed the age of sixteen years;] 

5[8[(b)]“corrective institution” means an institution, by whatever name called (being an institution 
established or licensed as such under section 21), in which 9[persons], who are in need of correction, 
may be detained under this Act, and includes a shelter where 10[undertrials] may be kept in pursuance 
of this Act;] 

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12[(c) “magistrate” means a magistrate specified in the second column of the Schedule as being 
competent to exercise the powers conferred by the section in which the expression occours and which 
is specified in the first column of the Schedule;] 

7[(ca) “major” means a person who has completed the age of eighteen years; 

(cb) “minor” means a person who has completed the age of sixteen years but has not completed 

the age of eighteen years;] 

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

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1.This Act has been extended to Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and First Schedule, to Goa, 
Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule and to the Union Territory of Pondicherry by Act 26 of 1968, s. 3 and 
Schedule. 

2. Subs. by Act 44 of 1986, s. 2 for “the suppression of immoral traffic in women and girls” (w.e.f. 26-1-1987). 
3. Subs. s. 3, ibid.,for “the Suppression of Immoral Traffic in Women and Girls” (w.e.f. 26-1-1987). 
4. 1st May, 1958, vide notification No. G.S.R. 269, dated 16th April, 1958, see Gazette of India, Part II, sec. 3(i). 
5. Ins. by Act 46 of 1978, s. 2 (w.e.f. 2-10-1979). 
6. Subs. by Act 44 of 1986, s. 5, for “prostitution” (w.e.f. 26-1-1987). 
7. Ins. by s. 5, ibid. (w.e.f. 26-1-1987). 
8. Clause (aa) relettered as Clause (b) by s. 5, ibid. (w.e.f. 26-1-1987). 
9. Subs. by s. 4, ibid., for “women and girls” (w.e.f. 26-1-1987). 
10. Subs. by s. 5, ibid., for “female undertrials” (w.e.f. 26-1-1987). 
11. Omitted by s. 5, ibid. (w.e.f. 26-1-1987). 
12. Subs. by Act 46 of 1978, s. 2, for clause (c) (w.e.f. 26-1-1987). 
13. Omitted s. 2, ibid. (w.e.f. 26-1-1987). 

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1[2[(f) “prostitution” means the sexual exploitation or abuse of persons for commercial purpose, 

and the expression “prostitute” shall be construed accordingly;] 

(g)  “protective  home”  means  an  institution,  by  whatever  name  called  (being  an  institution 
established  or licensed  as such under  section  21), in which 3[persons],  who  are in  need  of  care  and 
protection,  may  be  kept  under  this  Act  4[and  where  appropriate  technically  qualified  persons, 
equipment and other facilities have been provided,] but does not include— 

(i) a shelter where 5[undertrials] may be kept in pursuance of this Act, or 
(ii) a corrective institution;] 

(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; 

6[(j)  “trafficking  police  officer”  means  a  police  officer  appointed  by  the  Central  Government 

under sub-section (4), of section 13.] 
7[2A. Rule of construction regarding enactments not extending to Jammu and Kashmir.]—  Omitted 
by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification 
No.  S.O.  1123(E)  dated  (18-3-2020)  and  Vide  Union  Territory  of  Ladakh  Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020). 

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 subsequent 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. 

8[(2A) For the purposes of sub-section (2), it shall be presumed, until the contrary is proved, that any 
person referred to in clause (a) or clause (b) of that sub-section, is knowingly allowing the premises or 
any part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or any 
part thereof are beig used as a brothel, if,— 

(a)  a  report  is  published  in  a  newspaper  having  circulation  in  the  area  in  which  such  person 
resides to the effect that the premises or any part thereof have been found to be used for prostitution 
as a result of a search made under this Act; or 

1. Subs. by Act 46 of 1978, s. 2, for clauses (f) and (g) (w.e.f. 2-10-1979). 
2. Subs. by Act 44 of 1986, s. 5, for clause (f) (w.e.f. 26-1-1987). 
3. Subs. by s. 2, ibid., for “women and girls” (w.e.f. 26-1-1987). 
4. Ins. by s. 5, ibid. (w.e.f. 26-1-1987). 
5. Subs. by s. 5, ibid., for “female undertrials” (w.e.f. 26-1-1987). 
6. Subs. by s. 5, ibid., for clause (j) (w.e.f. 26-1-1987). 
7. Ins. by Act 46 of 1978, s. 3 (w.e.f. 2-10-1979). 
8. Ins. by Act 44 of 1986, s. 6 (w.e.f. 26-1-1987). 

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(b) a copy of the list of all things found during the search referred to in clause (a) is given to such 

person.] 

(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.—(1) Any person over the age of eighteen 
yearswho  knowingly  lives,  wholly  or  in part,  on  the  earnings  of  the  prostitution  of  1[any  other  person] 
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[and where such earnings relate to the prostitution of a child 
or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more 
than ten years]. 

3[(2) Where any person over the age of eighteen years is proved— 

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

5. Procuring, inducing or taking 4[person] for the sake of prostitution.—(1) any person who— 

(a)  procures  or  attempts  to  procure  a 4[person],  whether  with  or  without his  consent,  for  the 

purpose of prostitution; or 

(b)  induces  a 4[person]  to  go  from  any  place,  with  the  intent  that he  may  for  the  purpose  of 

prostitution become the inmate of, or frequent, a brothel; or 

(c)  takes  or  attempts  to  take  a 4[person],  or  causes  a 4[person]  to  be  taken,  from  one  place  to 

another with a view to his carrying on, or being brought up to carry on prostitution; or 

(d) causes or induces a 4[person] to carry on prostitution; 

5[shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and 
not more than seven years and also with fine which may extend to two thousand rupees and if any offence 
under this sub-section 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 sub-section,— 

(i)  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; and 

(ii)  is  a  minor,  the  punishment  provided  under  this  sub-section  shall  extend  to  rigorous 

imprisonment for a term of not less than seven years and not more than fourteen years;] 

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1. Subs. by Act 44 of 1986, s. 7, for “a woman or girl” (w.e.f. 26-1-1987). 
2. Ins. by s. 7, ibid. (w.e.f. 26-1-1987). 
3. Subs. by Act 46 of 1978, s. 4, for section 4 (w.e.f. 2-10-1979). 
4. Subs. by Act 44 of 1986, s. 4, for “women or girl” (w.e.f. 26-1-1987). 
5. Subs. by s. 8, ibid., for certain words (w.e.f. 26-1-1987). 
6. Omitted by s. 8, ibid. (w.e.f. 26-1-1987). 

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(3) An offence under this section shall be triable— 

(a) in the place from which a 1[person] is procured, induced to go, taken or caused to be taken or 

from which an attempt to procure or take such 1[person] is made; or 

(b) in the place to which he may have gone as a result of the inducement or to which he is taken 

or caused to be taken or an attempt to take him is made. 

6.  Detaining  a  1[person]  in  premises  where  prostitution  is  carried  on.—(1)  Any  person  who 

detains 2[any other person, whether with or without his consent],— 

(a) in any brothel, or 

(b)  in  or  upon  any  premises  with  intent 3[that  such  person  may  have  sexual  intercourse  with  a 

person who is not the spouse of such person], 

shall be punishable 4[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]. 

5[(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 under sub-section (1). 

(2A) Where a child or minor found in a brothel, is, on  medical examination, detected to have been 
sexually  abused,  it  shall  be  presumed, unless  the  contrary  is  proved,  that  the  child  or  minor  has  been 
detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial 
purposes.] 

(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 intercourse with a 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 property lent or supplied to her by or by the direction of such person. 

(4) Notwithstanding any law to the contrary, no suit, prosecution 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.—6[(1) Any 1[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.] 

1. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 
2. Subs. by s. 9, ibid., for “any woman or girl, whether with or without his consent” (w.e.f. 26-1-1987). 
3. Subs. by s. 9, ibid., for “that she may have sexual intercourse with any man other than her lawful husband” (w.e.f. 26-1-1987). 
4. Subs. by s. 9, ibid., for certain words (w.e.f. 26-1-1987). 
5. Subs. by s. 9, ibid., for sub-section (2) (w.e.f. 26-1-1987). 
6. Subs. by Act 46 of 1978, s. 5, for sub-section (1) (w.e.f. 2-10-1979). 

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1[(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  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 2[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 an in clause (6) of 

section 2 of the Hotel-Receipts Tax Act, 1980 (54 of 1980).] 

3[(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.] 

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 

1. Ins. by Act 44 of 1986, s. 10 (w.e.f. 26-1-1987). 
2. Subs. by s. 10, ibid., for “which may extend to two hundred rupees” (w.e.f. 26-1-1987). 
3. Ins. by Act 46 of 1978, s. 5 (w.e.f. 2-10-1979). 

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subsequent conviction, with imprisonment for a term which may extend to one year, and also with fine 
which may extend to five hundred rupees: 

1[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.] 

 9. Seduction of a 2[person] in custody.—3*** Any person who 4[having the custody, charge or care 
of, or a position of authority over, any 2[person], causes or aids or abets the seduction for prostitution of 
that 2[person], 5[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]. 

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7[10. [Release on probation of good conduct or after due admonition.] Omitted by the Suppression of 

Immoral Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986), s. 13 (w.e.f. 26-1-1987). 

10A. Detention in a corrective institution.—(1) Where— 

(a) a female offender is found guilty of an offence under section 7 or section 8, 8***; 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, in 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. 

1. Proviso added by Act 44 of 1986, s. 11 (w.e.f. 26-1-1987). 
2. Subs. by s. 4, ibid., for “woman or girl” (w.e.f. 26-1-1987). 
3. Brackets and figure “(1)” omitted by s. 12, ibid. (w.e.f. 26-1-1987). 
4. Subs. by Act 46 of 1978, s. 6, for certain words (w.e.f. 2-10-1979). 
5. Subs. by Act 44 of 1986, s. 12, for certain words (w.e.f. 26-1-1987). 
6. Omitted by s. 12, ibid. (w.e.f. 26-1-1987). 
7. Subs. by Act 46 of 1978, s. 7, for section 10 (w.e.f. 2-10-1979). 
8. The words, brackets and figures “and is not released under sub-section (1) or sub-section (2) of section 10” omitted byAct 44 

of 1986, s. 14, (w.e.f. 26-1-1987). 

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(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.] 

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 convicted 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.]  Omitted  by  the  Suppression  of  Immoral 

Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986) s. 13 (w.e.f. 26-1-1987).] 

13. Special police officer and advisory body.—(1) There shall be for each area to be specified by 
the State Government in this behalf a special police officer appointed by or on behalf of that Government, 
for dealing with offences under this Act in that area. 

1[(2) The special police officer shall not be below the rank of an Inspector of Police. 
(2A) The District Magistrate may, if he considers it necessary or expedient so to do, confer upon any 
retired police or military officer all or any of the powers conferred by or under this Act on a special police 
officer, with respect to particular cases or classes of cases or to cases generally: 

Provided that no such power shall be conferred on,— 

(a) a retired police officer unless such officer, at the time of his retirement, was holding a post not 

below the rank of an inspector; 

(b) a retired military officer unless such officer, at the time of his retirement, was holding a post 

not below the rank of a commissioned officer.] 

(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. 

1. Subs. by Act 46 of 1978, s. 9, for sub-section (2) (w.e.f. 2-10-1979). 

8 

 
                                                           
1[(4)  The  Central  Government  may,  for  the  purpose  of  investigating  any  offence  under  this  Act  or 
under any other law for the time being in force dealing with sexual exploitation of persons and committed 
in more than one State, a point such number of police officers as trafficking police officers and they shall 
exercise all the powers and discharge all the functions as are exercisable by special police officers under 
this  Act  with  the  modification  that  they  shall  exercise  such  powers  and  discharge  such  functions  in 
relation to the whole of India.] 

14.  Offences  to  be  cognizable.—Notwithstanding  anything  contained  in 2[the  Code  of  Criminal 
Procedure, 1973 (2 of 1974)], 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  subordinate  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 3[sub-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.—(1) Notwithstanding anything contained in any other law for the time 
being in force, whenever the special police officer 4[or the trafficking police officer, as the case may be,] 
has  reasonable  grounds  for  believing  that  an  offence  punishable  under  this  Act  has  been  or  is  being 
committed in respect of a 5[person] 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 4[or the trafficking police 
officer, as the case may be,] 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: 

6[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.] 

(3)  Any  person  who,  without  reasonable  cause,  refuses  or  neglects,  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 (45 of 1860). 

7[(4)  The  special  police  officer  or  the  trafficking  police  officer,  as  the  case  may  be,  entering  any 

premises under sub-section (1) shall be entitled to remove therefrom all the persons found therein.] 

1. Ins. by Act 44 of 1986, s. 15 (w.e.f. 26-1-1987). 
2. Subs. by Act 46 of 1978, s. 10, for certain words (w.e.f. 2-10-1979). 
3. Subs. by s. 10, ibid., for “inspector” (w.e.f. 2-10-1979). 
4. Ins. by Act 44 of 1986, s. 16 (w.e.f. 26-1-1987). 
5. Subs. by s. 4, ibid., for “women or girl” (w.e.f. 26-1-1987). 
6. Ins. by Act 46 of 1978, s. 11 (w.e.f. 2-10-1979). 
7. Subs. by Act 44 of 1986, s. 16, for sub-section (4) (w.e.f. 26-1-1987). 

9 

 
                                                           
(5)  The  special  police  officer 1[or  the  trafficking  police  officer,  as  the  case  may  be,]  after 
removing 2[the 3[person]]  under  sub-section  (4)  shall  forthwith  produce him  before  the  appropriate 
magistrate. 

1[(5A) Any person who is produced before a magistrate under sub-section (5), shall be examined by a 
registered  medical  practitioner  for  the purposes  of  determination  of  the  age  of  such  person,  or  for  the 
detection  of  any  injuries  as  a  result  of  sexual  abuse  or  for  the  presence  of  any  sexually  transmitted 
diseases. 

Explanation.—In this sub-section, “registered medical practitioner” has the same meaning as in the 

Indian Medical Council Act, 1956 (102 of 1956).] 

(6) The special police officer 1[or the trafficking police officer, as the case may be,] 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. 

1[(6A) The special police officer or the trafficking police officer, as the case may be, making a search 
under this section shall be accompanied by at least two women police officers, and where any woman or 
girl  removed  under  sub-section  (4)  is  required  to  be  interrogated,  it  shall  be  done  by  a  woman  police 
officer and if no woman police officer is available, the interrogation shall be done only in the presence of 
a lady member of a recognised welfare institution or organisation. 

Explanation.—For the purpose of this sub-section and section 17A,“recognised welfare institution or 
organisation”  means  such  institution  or  organisation  as  may  be  recognised  in  this  behalf  by  the  State 
Government.] 

4[(7) The  provisions  of  the Code  of  Criminal  Procedure, 1973  (2  of  1974),  shall,  so  far as  may  be, 
apply to any search under this section as they apply to any search made under the authority of a warrant 
issued under section 94 of the said Code.] 

5[16. Rescue of 3[person].—(1) Where a magistrate has reason to believe from information received 
from the police or from any other person authorised by the State Government in this behalf or otherwise, 
that 6[any person is living, or is carrying on, or is being  made to carry on, prostitution in a brothel,] he 
may  direct  a  police officer  not  below the rank  of  a  sub-inspector, to  enter  such  brothel,  and  to remove 
therefrom such 3[person] and produce him before him. 

(2) The police officer, after removing the 3[person], shall forthwith produce him before the magistrate 

issuing the order.] 

17. Intermediate custody of 7[persons] removed under section 15 or rescued under section 16.—
(1) When the special police officer removing a 3[person] under sub-section (4) of section 15 or a police 
officer rescuing a 3[person] under sub-section (1) of section 16, is for any reason unable to produce him 
before  the  appropriate  magistrate  as  required  by  sub-section  (5)  of  section  15,  or  before  the  magistrate 
issuing the order under sub-section (2) of  section 16, he shall forthwith produce him before the nearest 
magistrate  of  any  class,  who  shall  pass  such  orders  as  he  deems  proper  for  his  safe  custody  until he  is 
produced before the appropriate magistrate, or, as the case may be, the magistrate issuing the order: 

Provided that no 3[person] shall be— 

(i) detained in custody under this sub-section for a period exceeding ten days from the date of the 

order under this sub-section; or 

(ii) restored to or placed in the custody of a person who may exercise a harmful influence over 

him. 

1. Ins. by Act 44 of 1986, s. 16 (w.e.f. 26-1-1987). 
2. Subs. by Act 46 of 1978, s. 11, for “the girl” (w.e.f. 2-10-1979). 
3. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 
4. Ins. by Act 46 of 1978, s. 11 (w.e.f. 2-10-1979). 
5. Subs. by Act 46 of 1978, s. 12, for sections 16 and 17 (w.e.f. 2-10-1979). 
6. Subs. by Act 44 of 1986, s. 17, for clause (a) and (b) (w.e.f. 26-1-1987). 
7. Subs. s. 4, ibid., for “women and girls” (w.e.f. 26-1-1987). 

10 

 
                                                           
(2) When the 1[person] is produced before the appropriate magistrate under sub-section (5) of section 
15 or the magistrate under sub-section (2) of section 16, he shall, after giving him an opportunity of being 
heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1) 
of  section  16,  the  age,  character  and  antecedents  of  the 1[person]  and  the  suitability  of his  parents, 
guardian or husband for taking charge of him and the nature of the influence 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 officer 
appointed  under  the  Probation  of  Offenders  Act,  1958  (20  of  1958),  to  inquire  into  the  above 
circumstances and into the personality of the 1[person] and the prospects of his rehabilitation. 

(3) The magistrate may, while an inquiry is made into a case under sub-section (2), pass such orders 

as he deems proper for the safe custody of the 1[person]: 

2[Provided that where a person rescued under  section 16 is a child or minor, it shall be open to the 
magistrate  to  place  such  child  or  minor in any  institution  established  or recognised  under any  Children 
Act, for the time being in force in any State for the safe custody of children: 

Provided further that,] no 1[person] shall be kept in custody for this purpose for a period exceeding 
three weeks from the date of such an order, and no 1[person] shall be kept in the custody of a person likely 
to have a hurmful influence over him. 

(4) Where the magistrate is satisfied, after making an inquiry as required under sub-section (2),— 

(a) that the information received is correct; and 
(b) that he is in need of care and protection, 

he  may,  subject  to  the  provisions  of  sub-section  (5),  make  an  order  that  such 1[person]  be  detained  for 
such period, being not less than one year and not more than three years, as may be specified in the order, 
in a protective home, or in such other custody as he shall, for reasons to be recorded in writing, 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 1[person] and that those entrusted with the custody of the 1[person] including the 
persons in charge of a protective home, may be required to enter into a bond which may, were necessary 
and feasible, contain undertakings based on directions relating to the proper care, guardianship, education, 
training  and  medical  and  psychiatric  treatment  of  the 1[person]  as  well  as  supervision  by  a  person 
appointed by the court, which will be in force for a period, not exceeding three years. 

(5)  In  discharging  his  functions  under  sub-section  (2),  a  magistrate  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 3[persons]. 

(6)  An  appeal  against  an  order  made  under  sub-section  (4)  shall  lie  to  the  Court  of  Session  whose 

decision on such appeal shall be final.] 

4[17A. Conditions to be observed before placing persons rescued under section 16 to parents or 
guardians.—Notwithstanding anything contained in sub-section (2) of section 17, the magistrate making 
an  inquiry  under  section  17  may,  before  passing  an  order  for  handing  over  any  person  rescued  under 
section 16 to the parents, guardian or husband, satisfy himself  about the capacity or genuineness of the 
parents, guardian or husband to keep such person by causing an investigation to be made by a recognised 
welfare institution or organisation.] 

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 thereof 
within  a  distance  of 5[two  hundred  metres]  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 

1. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 
2. Subs. by s. 18, ibid., “Provide that” (w.e.f. 26-1-1987). 
3. Subs. by s. 4, ibid., for “women and girls” (w.e.f. 26-1-1987). 
4. Ins. by s. 19, ibid. (w.e.f. 26-1-1987). 
5. Subs. by Act 46 of 1978, s. 13, for “two hundred yards” (w.e.f. 2-10-1979). 

11 

 
                                                           
their trade, issue notice on the owner, lessor or landlord of such house, room, place or portion or the agent 
of the owner, lessor or landlord or on the tenant, lessee, occupier of, or any other person incharge 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 1[or in a case where a child or 
minor has been found in such house, room, place or portion during a search under section 15, 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: 

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 order 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 2[expiry of one year or three years, as the case may be]: 

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. 

3[19.  Application  for  being  kept  in  a  protective  home  or  provided  care  and  protection  by 
court.—(1)  A 4[person]  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 he is carrying on, or is being 
made to carry on prostitution, for an order that he may be— 

(a) kept in a protective home, or 

(b) provided care and protection by the court in the manner specified in sub-section (3). 

(2)  The  magistrate  may,  pending  inquiry  under  sub-section  (3),  direct  that  the 4[person]  be  kept  in 

such custody as he may consider proper, having regard to the circumstances of the case. 

1. Ins. by Act 44 of 1986, s. 20 (w.e.f. 26-1-1987). 
2. Subs. by s. 20, ibid., for “expiry of one year” (w.e.f. 26-1-1987). 
3. Subs. by Act 46 of 1978, s. 14, for section 19 (w.e.f. 2-10-1979). 
4. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 

12 

 
                                                           
(3)  If  the  magistrate,  after  hearing  the  applicant  and  making  such  inquiry  as  he  may  consider 
necessary,  including  an  inquiry  by  a  probation  officer  appointed under the  Probation  of  Offenders  Act, 
1958  (20  of  1958),  into  the  personality,  conditions  of  home  and  prospects  of  rehabilitation  of  the 
applicant, is satisfied that an order should be made under this section, he shall, for reasons to be recorded, 
make an order that the applicant be kept,— 

(i) in a protective home, or 

(ii) in a corrective institution, or 

(iii) under the supervision of a person appointed by the magistrate, 

for such period as may be specified in the order.] 

20.  Removal  of  prostitute  from  any  place.—(1)  A  magistrate  on  receiving  information  that 
any 1[person] 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 1[person] requiring him to 
appear before the magistrate and show cause why he should not be required to remove himself 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 1[person] 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 1[person]  an  opportunity  of 
adducing evidence, take such further evidence as he thinks fit, and if upon such inquiry it appears to him 
that  such 1[person]  is  a  prostitute  and  that  it  is  necessary  in  the  interests  of  the  general  public  that 
such 1[person]  should  be  required  to  remove himself  therefrom  and  be  prohibited  form  re-entering  the 
same,  the  magistrate  shall,  by  order  in  writing  communicated  to  the 1[person]  in  the  manner  specified 
therein, require him 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 himself 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 him  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 him from re-entering a place without permission is in force, re-enters the 
place without such permission, or 

(b) knowing that any 1[person] has, under this section, been required to removehimself from the 
place and has not obtained the requisite permission to re-enter it, harbours or conceals such 1[person] 
in the place, 

shall  be  punishable  with  fine  which  may  extend  to  two  hundred rupees  not  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 he has persisted in the offence. 

21.  Protective  homes.—(1)  The  State  Government  may,  in  its  discretion  establish 2[as  many 
protective  homes  and  corrective  institutions  under  this  Act  as  it  thinks  fit  and  such  homes  and 
institutions], 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 
Act, establish or maintain any 3[protective home or corrective institution] 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 
to  such  person  or  authority,  a  licence  in the  prescribed  form  for  establishing  and  maintaining  or  as the 

1. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 
2. Subs. by 46 of 1978, s. 15, for “as many protective homes under this Act as it thinks it and such homes” (w.e.f. 2-10-1979). 
3. Subs. by s. 15, ibid., for “protective home” (w.e.f. 2-10-1979). 

13 

 
                                                           
case may be, for maintaining a  1[protective home or corrective institution] 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 1[protective  home  or 

corrective institution] shall, wherever practicable, be entrusted to women: 

Provided further that a person or authority maintaining any protective 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: 

2[Provided also that a person or authority maintaining any corrective institution at the commencement 
of the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1978 (46 of 1978), 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 behalf 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 1[protective  home  or  corrective 
institution],  the  State  Government  may,  without  prejudice  to  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) Were a licence in respect of a 1[protective home or corrective institution] has been revoked under 
the foregoing sub-section such 1[protective homeor corrective institution] 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. 

2[(9A) The State Government or an authority authorised by it in this behalf may, subject to any rules 
that may be made in this behalf, transfer an inmate of a protective home to another protective home or to 
a  corrective  institution  or  an  inmate  of  a  corrective  institution  to  another  corrective  institution  or  to  a 
protective home, where such transfer is considered desirable having regard to the conduct of the person to 
be transferred, the kind of training to be imparted and other circumstances of the case: 

Provided that,— 

(a) no 3[person] who is transferred under this sub-section shall be required to stay in the home or 
institution to which he is transferred for a period longer than he was required to stay in the home or 
institution from which he was transferred; 

(b) reasons shall be recorded for every order of transfer under this sub-section.] 

1. Subs. by Act 46 of 1978, s. 15, for “protective home” (w.e.f. 2-10-1979). 
2. Ins. by s. 15, ibid. (w.e.f. 2-10-1978). 
3. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 

14 

 
                                                           
 
(10)  Whoever  establishes  or  maintains  a 1[protective  home  or  corrective  institution]  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. 

1[21A. Production of records.—Every person or authority who is licensed under sub-section (3) of 
section 21 to establish or maintain, or as the case may be, for maintaining, a protective home or corrective 
institution shall, whenever required by a court, produce the records and other documents maintained by 
such home or institution before such court.] 

22. Trials.—No court, inferior to that of 2[a Metropolitan Magistrate or a Judicial Magistrate of the 

first class] shall try any offence under section 3, section 4, section 5, section 6, section 7 or section 8. 

3[22A.  Power  to  establish  Special  Courts.—(1)  If  the  State  Government  is  satisfied  that  it  is 
necessary  for  the  purpose  of  providing  for  speedy  trial  of  offences  under  this  Act  in  any  district  or 
metropolitan  area,  it  may,  by  notification  in  the  Official  Gazette  and  after  consultation  with  the  High 
Court,  establish  one  or  more  courts  of  Judicial  Magistrates  of  the  first  class,  or,  as  the  case  may  be, 
Metropolitan Magistrates, in such district or metropolitan area. 

(2)  Unless  otherwise  directed  by  the  High  Court,  a  court  established  under  sub-section  (1)  shall 

exercise jurisdiction only in respect of cases under this Act. 

(3) Subject to the provisions of sub-section (2), the jurisdiction and powers of the presiding officer of 
a court established under sub-section (1) in any district or metropolitan area shall extend throughout the 
district or the metropolitan area, as the case may be. 

(4) Subject to the foregoing provisions of this section a court established under sub-section (1) in any 
district or metropolitan area shall be deemed to be a court established under sub-section (1) of section 11, 
or as the case may be, sub-section (1) of section 16, of the Code of Criminal Procedure, 1973 (2 of 1974), 
and the provisions of that Code shall apply accordingly in relation to such courts. 

Explanation.—In this section, “High Court” has the same meaning as in clause (e) of section 2 of the 

Code of Criminal Procedure, 1973 (2 of 1974). 

4[22AA.  Power  of  Central  Government  to  establish  special  courts.—(1)  If  the  Central 
Government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under 
this Act and committed in more than one State, it may, by notification in the Official Gazette and after 
consultation with the High Court concerned, establish one or more courts of Judicial Magistrates of the 
first class or Metropolitan Magistrates for the trial of such offences. 

(2) The provisions of section 22A, shall, so far as may be, apply to the courts established under sub-

section (1) as they apply to courts established under that section.] 

22B.Power of Court to try cases summarily.—Notwithstanding anything contained in the Code of 
Criminal Procedure, 1973 (2 of 1974), the State Government may, if it considers it necessary so to do, 
direct  that  offences  under  this  Act  shall  be  tried  in  a  summary  way  by  a  magistrate  [including  the 
presiding officer of a court established under sub-section (1) of section 22A] and the provisions of Section 
262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial: 

Provided that in the case of any conviction in a summary trial under this section it shall be lawful for 

the magistrate to pass a sentence of imprisonment for a term not exceeding one year: 

Provided further that when at the commencement of, or in the course of, a summary trial under this 
section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for 
a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the 
case summarily, the magistrate shall, after hearing the parties, record an order to that effect and thereafter 
recall any witness, who may have been examined and proceed to hear or rehear the case in the manner 
provided by the said Code.] 

1. Ins. by Act 44 of 1986, s. 21 (w.e.f. 26-1-1987). 
2. Subs. by Act 46 of 1978, s. 16, for “a magistrate as defined in clause (c) of section 2” (w.e.f. 2-10-1979). 
3. Ins. by s. 17, ibid. (w.e.f. 2-10-1979). 
4. Ins. by Act 44 of 1986, s. 22 (w.e.f. 26-1-1987). 

15 

 
                                                           
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; 

1[(b) the placing in custody of persons for whose safe custody orders have been passed under sub-

section (1) of section 17 and their maintenance;] 

2[(bb)  the  discharge  of  an  offender  under  sub-section  (3)  of  section  10A  from  a  corrective 

institution and the form of licence to be granted to such offender;] 

3[(c)  the  detention  and  keeping  in  protective  homes  or,  as  the  case  may  be,  in  corrective 

institutions of 4[persons] under this Act 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; 

5[(g) (i)  the  establishment,  maintenance,  management  and  superintendence  of  protective  homes 
and  corrective  institutions  under  section  21  and  the  appointment,  powers  and  duties  of  persons 
employed in such homes or institutions; 

(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 and a corrective institution shall be 

maintained and audited; 

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

and statements; 

(vii)  the  care,  treatment,  maintenance,  training,  instruction,  control  and  discipline  of  the 

inmates of protective homes and corrective institutions; 

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

(ix)  the  temporary  detention  of 4[persons]  sentenced  to  detention  in  protective  homes  or  in 
corrective  institutions  until  arrangements  are  made  for  sending  them  to  such  homes  or 
institutions; 

(x) the transfer of an inmate from,— 

(a) one protective home to another, or to a corrective institution, 

(b) one corrective institution to another or to a protective home, 

under sub-section (9A) of section 21; 

1. Subs. by Act 44 of 1986, s. 23, for clause (b) (w.e.f. 26-1-1987). 
2. Ins. by Act 46 of 1978, s. 18 (w.e.f. 2-10-1979). 
3. Subs. by s. 18, ibid., for clause (c) (w.e.f. 2-10-1979). 
4. Subs. by Act 44 of 1986, s. 4, for “women and girl” (w.e.f. 26-1-1987). 
5. Subs. by 46 of 1978, s. 18, for clause (g) (w.e.f. 2-10-1979). 

16 

 
                                                           
(xi) the transfer in pursuance of an order of the court from a protective home or a corrective 
institution  to  a  prison  of  a 1[person]  found  to  be  incorrigible  or  exercising  bad  influence  upon 
other inmates of that protective home or the corrective institution and the period of his detention 
in such prison; 

(xii) the transfer to a protective home or corrective institution of 2[persons] sentenced under 

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

(xiii)  the  discharge  of  inmates  from  a  protective  home  or  corrective  institution  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  corrective  institutions  and  other  institutions  in 

which 2[persons] 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.—Nothing in this Act shall be construed to be 
in  derogation  of  the  provisions  of  the  Refermatory  Schools  Act,  1897  (8  of  1897),  or  any  State  Act 
enacted in modification of the said Act or otherwise, relating to juvenile offenders. 

 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 2[persons] 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 anything done or any action taken under this Act. 

Explanation.—In this section the expression “State Act” includes a “Provincial Act”. 

1. Subs. by Act 44 of 1986, s. 4, for “woman or girl” (w.e.f. 26-1-1987). 
2. Subs. by s. 4, ibid., for “women and girl” (w.e.f. 26-1-1987). 

17 

 
 
                                                           
1[THE SCHEDULE 

[See section 2(c)] 

Magistrate competent to exercise the powers 

District Magistrate. 

Metropolitan Magistrate or Judicial Magistrate of the first class. 

Metropolitan Magistrate, Judicial Magistrate of the first class, District 
Magistrate or Sub-Divisional Magistrate. 

Metropolitan Magistrate, Judicial Magistrate of the first class, District 
Magistrate or Sub-Divisional Magistrate. 

District Magistrate or Sub-Divisional Magistrate. 

Metropolitan Magistrate, Judicial Magistrate of the first class, District 
Magistrate or Sub-Divisional Magistrate. 

District Magistrate, Sub-Divisional Magistrate or any Executive 
Magistrate specially empowered by the State Government. 

Metropolitan Magistrate or Judicial Magistrate of the first class.] 

Section 

7(1) 

11(4) 

2*** 

15(5) 

16 

18 

19 

20 

22B 

1. Ins. by Act 46 of 1978, s. 19 (w.e.f. 2-10-1979). 
2. The Figures, brackets and words “12 (4) Metropolitan Magistrate or Judicial Magistrate of the first Class” omitted by Act 44 of 

1986, s. 24 (w.e.f. 26-1-1987). 

18 

 
 
  
 
                                                           
