UNITED PROVINCES SUPPRESSION OF IMMORAL TRAFFIC ACT, 1933

UNITED PROVINCES SUPPRESSION OF IMMORAL TRAFFIC ACT, 1933

Preamble - UNITED PROVINCES SUPPRESSION OF IMMORAL TRAFFIC ACT, 1933

THE UNITED PROVINCES SUPPRESSION OF IMMORAL TRAFFIC ACT, 1933

[Act No. 08 of 1933]

PREAMBLE

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: -

Section 1 - Short title

(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.

Section 2 - Definitions

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.

Section 3 - Punishment for keeping a brothel

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.

Section 4 - Punishment for allowing premises to be used as a brothel

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.

Section 5 - Punishment for letting out premises for a brothel

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.

Section 6 - Vacation of premises on conviction under Section 4

(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.

Section 7 - Punishment for importing women for prostitution

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.

Section 8 - Punishment for detention for prostitution in brothel

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.

Section 9 - Punishment for prostitution

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.

Section 10 - Punishment for soliciting for purposes of prostitution

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.

Section 11 - Removal and disposal of minor girls from brothels

(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.

Section 12 - Trial of offences

(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.

Section 13 - Issue of process for find offence under this Act

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.

Section 14 - Cognizable and non-cognizable offences under this Act

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.

Section 15 - The Chief Commissioner may make rules

(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.