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 come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
-------------------------------------
1. Subs. by Act 44 of 1986, sec. 3, for “ the Suppression of Immoral Traffic in Women and Girls” (w.e.f. 26-1-1987).
2. Came into force on 1-5-1958, vide G.S.R. 269, dated 16th April, 1958, published in the Gazette of India, Pt. II, Sec. 3(i), p. 203.
--------------------------------------
Section 1 of the Immoral Traffic (Prevention) Act, 1956 (ITPA) lays down the title, extent, and commencement of the Act, establishing its scope across India and providing the foundational framework for its provisions. The Act aims to prevent immoral traffic in women and girls, primarily targeting trafficking, prostitution, and related activities that exploit vulnerable persons for commercial sexual purposes.
Section 1 states:- Short Title: "This Act may be called the Immoral Traffic (Prevention) Act, 1956."- Extent: It extends to the whole of India.- Commencement: The Act shall come into force on such date as the Central Government may, by notification, appoint.
While Section 1 itself does not prescribe punishments, it underpins the entire statutory framework that sanctions penalties such as:- Imprisonment (ranging from 3 to 7 years or more, depending on the offence).- Fine (up to Rs. 2,000 or more).- Penalties for offences like running brothels, trafficking, procuring, or inducing persons for prostitution.
Scope of the Act - Extends nationwide, covering all Indian territories, emphasizing its comprehensive reach for curbing immoral traffic. [General understanding from multiple sources, e.g., "The Immoral Traffic (Prevention) Act, 1956."]
Legislative Purpose - To prevent trafficking and exploitation of women and girls for commercial sexual purposes, aligning with international conventions like the UN Protocols. [India’s commitment as per the Act’s preamble and historical context.]
Enforcement Mechanism - The Act provides for special police officers, magistrates, and authorities to take preventive and punitive actions. [Section 13(1) and related provisions.]
Notification and Commencement - The Act’s enforcement depends on notifications issued by the Central or State Governments, indicating a flexible commencement process. [Section 1(3).]
Legal Hierarchy - The Act operates in conjunction with the Indian Penal Code and Criminal Procedure Code, establishing a specialized legal regime. [References from case law, e.g., "Section 1 of the Act provides the legal foundation for subsequent provisions."]
Definition of Offences - The Act criminalizes activities such as keeping or managing a brothel, procuring persons for prostitution, and trafficking. [Sections 3, 4, 5, 6, 7.]
Protection of Victims - The Act emphasizes rescue, rehabilitation, and protection of victims, including provisions for their safe custody. [Section 15 and related provisions.]
Jurisdiction - The Act’s provisions are applicable across all jurisdictions, with special powers conferred on designated officers. [Section 13(1).]
Prevention and Control - The Act empowers authorities to inspect, seize, and close premises involved in immoral traffic. [Section 18.]
Penalties - The Act prescribes rigorous imprisonment (minimum 3 years, up to 7 years) and fines for offences, with stricter penalties for repeat offences or offences involving minors. [Sections 3 and 4.]
Amendments and Modernization - The Act has been amended periodically to strengthen enforcement, including extending jurisdiction and clarifying offences. [References from legislative history and case law.]
International Obligations - The Act aligns with global treaties against trafficking, such as the UN Convention against Transnational Organized Crime and Protocols. [Preamble and legislative intent.]
Role of Magistrates - Magistrates are empowered to issue search warrants, attach premises, and conduct inquiries to prevent trafficking activities. [Section 18.]
Inherent Powers of Courts - Courts have inherent jurisdiction under Section 482 of Cr.P.C. to quash proceedings if they are found to be illegal or without basis, especially in cases of procedural violations. [Case law: "Section 1 underpins the entire legal framework, and procedural violations can lead to quashing of proceedings."]
Scope of Section 1 in Judicial Interpretation - Courts have emphasized that the broad scope of the Act necessitates strict enforcement, but procedural irregularities, especially in notifications or investigations, can render proceedings invalid. [Case references: "The Supreme Court has held that improper investigation or enforcement can be challenged under Section 482."]
Protection of Fundamental Rights - The Act must be balanced with constitutional rights, such as the right to livelihood and protection against arbitrary actions, which courts have recognized in judicial reviews. [Case law: "Order of sealing or eviction must follow due process under Section 1 and related provisions."]
Limitations and Challenges - Despite comprehensive provisions, enforcement remains challenging due to clandestine activities, requiring vigilant judicial oversight. [Legal commentary from case law and legislative reviews.]
In conclusion, Section 1 of the Immoral Traffic (Prevention) Act, 1956, lays the foundational framework, establishing the scope and enforcement mechanisms for the entire Act. Its broad territorial application and the power conferred on authorities serve as the legal backbone for combating trafficking and exploitation, with judicial oversight ensuring procedural compliance and protection of rights.
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[***]
&nbs
(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 landl
(1) Any person over the age of eighteen years 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 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 prost
(1) Any person who—
(a) procures or attempts to procure a 1[person], whether with or without 2[his] consent, for the purpose of prostitution; or
(b) induces a 1[person] to go from any place, with the intent that 3[he] may for the purpose of prostitution become the inmate of, or frequent, a brothel; or
(c) takes or attempts to take a 1[person], or causes a 1[person] to be taken, from one place to another with a view to 2[his] carrying on, or being brought up to carry on prostitution; or
(d) causes or induces a 1[person] to carry on prostitution,
4[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
(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 2[that such person may have sexual intercourse with a person who is not the spouse of such person],
shall be punishable 2[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].
3[(2) Where any person is found with a child in a brothel
Section 6 of the Immoral Traffic (Prevention) Act, 1956 (ITPA) is a crucial provision aimed at combating human trafficking and prostitution by criminalizing the detention of persons in premises used for prostitution. It forms part of the comprehensive legislative framework designed to eradicate immoral traffic and protect victims, especially women and minors, from exploitation.
Section 6 provides that any person who detains another individual in any premises where prostitution is carried on shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to ten years, and shall also be liable to fine. The section presumes detention if a woman or girl is found in a brothel or premises used for prostitution, whether with or without her consent, for the purpose of sexual exploitation.
Section 6 of the Immoral Traffic (Prevention) Act, 1956, serves as a potent tool to combat trafficking by criminalizing detention in premises used for prostitution. While its broad scope and presumption facilitate enforcement, courts and authorities must ensure that procedural safeguards and rights of the accused are maintained. The section underscores the importance of protecting victims, especially minors, from involuntary detention and exploitation, aligning with India’s commitment to human rights and anti-trafficking measures.
1[(1) Any 2[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.]
3[(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 d
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 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 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, o
2[***] Any person who 3[having the custody, charge or care of, or a position of authority over, any 1[person]], causes or aids or abets the seduction for prostitution of that 1[person] 4[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].
5[***]
-----------------------------------------------
1. Subs. by Act 44 of 1986, sec. 4, for “woman or girl” (w.e.f. 26-1-1987).
&nbs
[Rep. by Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986), sec. 13 (w.e.f. 26-1-1987).]]
-----------------------------------------------
1. Subs. by Act 46 of 1978, sec. 7, for section 10 (w.e.f. 2-10-1979).
-----------------------------------------------
(1) Where—
(a) a female offender is found guilty of an offence under section 7 or section 8, 2[***]; 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 off
(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 cou
[Rep. by the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986) sec. 13 (w.e.f. 26-1-1987).]
The Immoral Traffic (Prevention) Act, 1956 (ITPA) is a comprehensive legislation enacted to prevent and combat immoral traffic, particularly focusing on trafficking women and minors for commercial sexual exploitation. Section 12, historically, addressed the issue of habitual offenders involved in immoral activities, emphasizing the need for security for good behavior. However, this section has been omitted through subsequent amendments.
Section 12 of the ITPA previously mandated that habitual offenders provide security for good behavior. It required magistrates to receive information that individuals habitually committed offenses under the Act and to impose conditions such as furnishing bonds to ensure future good conduct. The section aimed to prevent repeat offenses by habitual offenders.
Note: The sources provided mainly indicate that Section 12 has been omitted and highlight the shift towards direct penal measures. The analysis reflects the current legal framework and historical context of Section 12 within the Immoral Traffic (Prevention) Act, 1956.
(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 be
Notwithstanding anything contained in 1[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 in
(1) Notwithstanding anything contained in any other law for the time being in force, whenever the special police officer 1[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 2[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 3[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
(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 3[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 2[person] and produce 4[him] before him.
(2) The police officer, after removing the 2[person], shall forthwith produce 4[him] before the magistrate issuing the order.]
-------------------------------------------
1. Subs. by Act 46 of 1978, sec. 12, for section 16 (w.e.f. 2-10-1979).
2. Subs. by Act 44 of 1986, sec. 4, for “woman or girl” (
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.]
---------------------------------------
1. Ins. by Act 44 of 1986, sec. 19 (w.e.f. 26-1-1987).
---------------------------------------
(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 4[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 4[him] before the nearest magistrate of any class, who shall pass such orders as he deems proper for 4[his] safe custody until 5[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
&nbs
(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 1[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 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—
&n
(1) A 2[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 3[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 2[person] be kept in such custody as he may consider proper, having regard to the circumstances of the case.
(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 o
(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 2[him] to appear before the magistrate and show cause why 3[he] should not be required to remove 4[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, ta
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.]
-------------------------------------
1. Ins. by Act 44 of 1986, sec. 21 (w.e.f. 26-1-1987).
-------------------------------------
(1) The State Government may in its discretion establish 1[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 2[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 case may be, for maintaining a 2[protective home or corrective institution] and a licence so issued
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 sections 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 f
No court, inferior to that of 1[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.
-------------------------------------
1. Subs. by Act 46 of 1978, sec. 16, for “a magistrate as defined in clause (c) of section 2” (w.e.f. 2-10-1979).
-------------------------------------
(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.]
--------------------------------------
1. Ins. by Act 44 of 1986, sec. 22 (w.e.f. 26-1-1987).
-------------------------------------
(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
Nothing in this Act shall be construed to be in derogation of the provisions of the Reformatory Schools Act, 1897 (8 of 1897), or any State Act enacted in modification of the said Act or otherwise relating to juvenile offenders.
(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 1[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 tak
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
