UNITED
PROVINCES SUPPRESSION OF IMMORAL TRAFFIC ACT, 1933 THE UNITED PROVINCES SUPPRESSION OF IMMORAL
TRAFFIC ACT, 1933 [Act No. 08 of 1933] An Act to make provision or the suppression
of brothels and of traffic in women in the United Provinces. Whereas
it is expedient to make, provision for the suppression of Brothels and of
traffic in women in the United Provinces; And
whereas the previous sanction of the Governor General has been obtained under
sub-section (3) of Section 80-A of the Government of India Act to the passing
of this Act; It is
hereby enacted as follows: - (a)
This Act may tie called "the United
Provinces Suppression Immoral Traffic Act, 1933". (b)
All or any of the provisions of this Act
shall come into force in such parts of the State of Manipur and on such dates
as the Chief Commissioner may; by notification in the Official Gazette direct. In
this Act; unless there is anything repugnant in the subject or context- (a)
"brothel" means any house, room or
other place which the occupier or person in charge thereof appropriates, mainly
to the purpose of prostitution carried on by more than one person but the term
does not include a house solely occupied by women belonging to a class or caste
of dancing girls and actually following the occupation of dancing or singing; (b)
"prostitution", means
indiscriminate sexual intercourse for hire whether in money or kind; (c)
"magistrate" means, except in
sub-section (3) of section 11, only a, District Magistrate, a Sub-divisional
Magistrate or a magistrate of the first class specially empowered by the Chief
Commissioner to exercise jurisdiction under this Act; (d)
"prescribed" means prescribed by
rules made under section 18. Any
person Who keeps or manages or assists in the management of a brothel shall be
punished, with imprisonment which may extend to one year or with fine, which
may extend to five hundred rupees or with both. Any
person who being the owner, lessee, occupier, person
in charge of any premises Knowingly permits, such premises or any
part thereof to be used, as brothel, shall be punished, with
imprisonment which may, extend to three months or with fine which
may extend to five hundred, rupees, or with both. Any
person, who being the owner of any premises or the agent of such
owner, lets out the same, or any part thereof, with
the knowledge that, the premises so let out, or any
part thereof, are intended to be used as a brothel, shall
be punished on a first conviction with fine which may extend to one thousand
rupees, and on any subsequent conviction, with
imprisonment which may extend to two months and also with fine which may extend
to one thousand rupees. (1)
Whenever any person, not being the owner, is
convicted or an offence under section 4, the Court may, at the time of
convicting him, order such person to vacate or give up charge of they premises
in respect of which the said offence, has been committed within a fortnight of
the date of conviction. In the event of such person not vacating
such premises the Court may cause the same to be vacated. (2)
On such premises being vacated under the
provisions of sub-section (1), any contract, relating to such premises, under
which such convicted person was at the time of his conviction in possession,
shall immediately determine. Any
person who induces any woman to go from one place to another, or
takes, or attempts to take or causes to be taken, any
woman from one place to another, with a view to her carrying on, or
being brought up to carry on, the business of prostitution in a
brothel, or causes or induces any woman to carry, on
the business of prostitution in a brothel, shall be punished with
imprisonment which may extend to three; years and shall also be
liable to fine. Any
person who detains any woman, against her will in a brothel for the
purpose of prostitution shall be punished with imprisonment which may extend to
two years and shall also be liable to fine. Any
person who induces a woman to visit a brothel for the purpose of prostitution
shall be punished with imprisonment which may extend to one year or with fine
which may extend to five hundred rupees, or with both. Whoever, in
any street or public place, solicits any person for the purpose of
prostitution, or frequents any street or public place for the
purpose of prostitution or of solicitation for such purpose, in
such manner as to cause, obstruction of annoyance to the residents
or passers-by or to offend against public decency, shall be punished
with imprisonment which may extend to two months or with fine which may extend
to five hundred rupees, or with both. (1)
?Where
a magistrate upon complaint made to him or upon credible information in writing
received by him and after making such inquiry as he may think necessary, has
reason to believe that a girl under the age of 18 years is
living, or is carrying on or is being made to carry on the business
of prostitution, in a brothel fee may issue a warrant to a police
officer not below the rank of an inspector authorising him to enter into such
brothel, to remove there from such girl, and to produce
her before him. (2)
When the girl is produced before the
magistrate, he shall cause an inquiry to be made concerning her age, and, it
satisfied that the girl is under 18 years of age, may make an order that such
gift be placed until she attains the age of 21 years or for any shorter period,
in such institution or in such other custody as he for reasons to be stated in
writing shall consider suitable. Such girl shall thereupon be kept in such
institution of custody subject to such directions as may be prescribed: Provided
that the person or persons entrusted with the custody of such girl or the
manager or managers of the institutions where such girl is placed shall be of
the same religion as the girl. (3)
When a police officer removing a girl under a
warrant issued under this section cannot immediately produce her before the
magistrate issuing the warrant, he shall forthwith produce her before the
nearest magistrate who shall pass such orders for her safe custody until she
can be produced before the magistrate issuing the warrant, as he may consider
proper, subject to such directions as may be prescribed. (1)
No court interior to that of a magistrate
shall try an offence under this Act. (2)
No Offence under this Act except one under
section 10 may be tried summarily. If in
the opinion of a magistrate taking cognizance of an offence under this Act
there is sufficient around for proceeding, he shall, in the case of an offence
under section 4, 5 or 10 issued, in the first instance, a summons for the
attendance of the accused, and in case of any other offence he shall issue a
warrant with or without bails, to an officer in charge of a police station for
causing the accused to be brought before such magistrate or some other
magistrate having jurisdiction. Any
police officer may arrest any person for an offence under Section 10 but no
police officer shall arrest without a warrant any person committing or accused
of having committed any other offence under this Act. (a)
for the care, treatment, instruction and
maintenance of girls placed in any institution or any other suitable custody
under section 11, and (b)
for the temporary detention of girls under
the provisions of section 11.
Preamble - UNITED PROVINCES SUPPRESSION OF
IMMORAL TRAFFIC ACT, 1933PREAMBLE