Ministry of Women and Child Development
The Immoral Traffic (Prevention) Act, 1956 (originally the Suppression of Immoral Traffic in Women and Girls Act), criminalizes various activities related to prostitution, including keeping a brothel, living on the earnings of prostitution, procuring, inducing, or taking a person for the sake of prostitution, and detaining a person in a premises where prostitution is carried on. The Act aims to suppress immoral traffic, protect victims of exploitation, and provide for their rehabilitation. This Act falls under the Ministry of Women and Child Development.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on December 30, 1956, and came into force on May 1, 1958. It consists of 25 sections (with some omitted) and a schedule specifying the jurisdiction of magistrates for different offenses. The Act is not divided into formal chapters.
Act Governed By:
The Act’s implementation is primarily overseen by law enforcement agencies, including special police officers appointed by State Governments and trafficking police officers appointed by the Central Government. Magistrates and courts have jurisdiction over offenses under the Act, and State Governments have the power to establish protective homes and corrective institutions.
On Whom It Is Applicable:
The Act applies to all persons involved in or affected by prostitution, including those who keep or manage brothels, live on the earnings of prostitution, engage in procuring or trafficking, and those detained in brothels. It also applies to those who aid, abet, or attempt to commit these offenses.
Penalties/Punishments:
The Act prescribes penalties, including imprisonment and fines, for various offenses related to prostitution. The severity of the punishment varies depending on the nature of the offense. The Act also includes provisions for the closure of brothels and the eviction of offenders from the premises.
Important Pointers:
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Criminalizes various activities related to prostitution, including keeping, managing, or allowing premises to be used as a brothel.
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Prohibits living on the earnings of prostitution, procuring, inducing, and detaining a person for prostitution.
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Provides for the rescue and rehabilitation of persons involved in prostitution.
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Establishes special police officers and advisory bodies to combat immoral traffic.
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Allows for search without a warrant and rescue of persons from brothels under certain circumstances.
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Provides for intermediate custody of rescued persons.
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Allows for the establishment of protective homes and corrective institutions.
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Prescribes procedures for trials and appeals.