The Immoral Traffic (Prevention) Act, 1956

(1) This Act may be called 1[the Immoral Traffic(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 comeinto force on such date2as the Central Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires, (a) "brothel" includes any house, room 1[, conveyance] or place or any portion of any house, room 1[ , conveyance] or place, which is used for purposes 2[ of sexual exploitation or abuse] for the gain of another person or for the mutual gain of two or more prostitutes; 3[(aa) "child" means a person who has not completed the age of sixteen years;] 1[4[ (b)["corrective institution" means an institution, by whatever name called (being an institution established or licensed as such under section 21), in which 5[persons], who are in need of correction, may be detained under this Act, and includes a shelter where 6[undertrials] may be kept in pursuance of this Act;] 7** ** * 8[(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;] 3[(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; 9* * * * * 10[11[(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 12[persons], who are in need of care andprotection, may be kept under this Act 13[and where appropriate technically qualified persons,equipment and other facilities have been provided,] but does not include (i) a shelter where 14[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; 15[(j) "trafficking police officer" means a police officer appointed by the Central Government under sub-section (4), of section 13.]

1[2A. Rule of construction regarding enactments not extending to Jammu and Kashmir.] --- Omittedby the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notificationNo. 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).

(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 knowinglyallows 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. 1[(2A) For the purposes of sub-section (2), it shall be presumed, until the contrary is proved, that anyperson referred to in clause (a) or clause (b) of that sub-section, is knowingly allowing the premises orany part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or anypart thereof are beig used as a brothel, if,- (a) a report is published in a newspaper having circulation in the area in which such personresides to the effect that the premises or any part thereof have been found to be used for prostitutionas a result of a search made under this Act; or (b) a copy of the list of all things found during the search referred to in clause (a) is given to suchperson.] (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.

(1) Any person over the age of eighteenYears who 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 mayextend to one thousand rupees, or with both 2[and where such earnings relate to the prostitution of a childor a minor, shall be punishable with imprisonment for a term of not less than seven years and not morethan ten years]. 3[(2) Where any person over the age of eighteenyears 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 amanner 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 ofprostitution of another person within the meaning of sub-section (1).]