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Central ActAct No. 104 of 1956

The Immoral Traffic (Prevention) Act, 1956 (ITPA) — Bare Act, All Sections & Free PDF

अनैतिक व्यापार (निवारण) अधिनियम, 1956

Ministry of Women and Child DevelopmentEnacted: Last Updated:

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Overview

Enacted in 1956, the Immoral Traffic (Prevention) Act is a vital Indian law targeting human trafficking for sexual exploitation. Its primary purpose is to combat organized prostitution and fully protect vulnerable individuals. It applies nationwide, criminalizing brothel keeping, solicitation, and detaining persons in premises, thereby safeguarding human dignity and severely penalizing all perpetrators involved in illicit trafficking networks everywhere today.

1956 में लागू अनैतिक व्यापार (निवारण) अधिनियम यौन शोषण के लिए होने वाली मानव तस्करी रोकने का अत्यंत महत्वपूर्ण कानून है। इसका उद्देश्य संगठित वेश्यावृत्ति से लड़ना है। यह संपूर्ण राष्ट्र पर लागू होकर वेश्यालय चलाने, उकसाने और लोगों को बेचने को अपराध मानता है। यह कानून मानव गरिमा की रक्षा करता है और तस्करों को कड़ी सजा देता है।

What is ITPA

The Immoral Traffic (Prevention) Act, 1956 is a crucial Indian legislation enacted to prevent human trafficking for sexual exploitation and commercial prostitution. Originally known as the Suppression of Immoral Traffic in Women and Girls Act, it came into effect in 1956. This Act supplements the Indian Penal Code to fulfill India’s obligations under the United Nations Convention for the Suppression of the Traffic in Persons.

Its primary objectives are to penalize individuals profiting from the sexual exploitation of others, criminalize keeping a brothel, detaining persons in brothels, and soliciting for prostitution. Notably, it criminalizes prostitution in public places. The legislation provides stringent penalties, including rigorous imprisonment and heavy fines, with enhanced punishments for offenses involving children.

It empowers special police officers and magistrates to conduct raids and rescue victims. By targeting the exploiters rather than the victims, this Act seeks to dismantle organized trafficking networks across the entire nation today.

Explanation

The Immoral Traffic (Prevention) Act, 1956 provides a comprehensive statutory scope for combating human trafficking and organized sexual exploitation in India. Its key provisions span ten sections, detailing offenses like keeping a brothel, living on the earnings of prostitution, and procuring persons for illicit purposes. A major structural change introduced by this Act was the shift in legal focus from punishing victims to prosecuting exploiters and traffickers.

It established the mechanism of special police officers and protective homes to ensure victim rehabilitation rather than mere incarceration. This Act operates indispensably alongside companion laws, primarily the Indian Penal Code, which addresses broader offenses like kidnapping. It is also complemented by the Juvenile Justice Act for cases involving minors. In the Indian justice system, this legislation plays a profoundly transformative role.

It grants magistrates the power to seal brothels and evict offenders. Section 5 prescribes severe penalties, including life imprisonment, for procuring children. Courts routinely interpret its provisions regarding circumstantial evidence of living on prostitution earnings.

Sections (Showing 1 to 10 of 32)

Section 1 to Section 9 (10 Sections)

Short title, extent and commencement.

(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 p...

Definitions.

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, w...

[Omitted].

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

Punishment for keeping a brothel or allowing premises to be used as a brothel.

(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 ...

Punishment for living on the earnings of prostitution.

(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 imprisonm...

Procuring, inducing or taking person for the sake of prostitution.

Procuring, inducing or taking 1 [person] for the sake of prostitution.-- (1) any person who-- (a) procures or attempts to procure a 1 [person], whether with or without his consent,...

Detaining a person in premises where prostitution is carried on.

6. Detaining a 1 [person] in premises where prostitution is carried on.-- (1) Any person who detains 2 [any other person, whether with or without his consent],-- (a) in any brothel...

Prostitution in or in the vicinity of public places.

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 unde...

Seducing or soliciting for purpose of prostitution.

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, ge...

Seduction of a person in custody.

1 * * * Any person who 2 [having the custody, charge or care of, or a position of authority over, any 3 [person], causes or aids or abets the seduction for prostitution of that 3 [...

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Disclaimer: This bare act is reproduced for general informational and reference purposes only and does not constitute legal advice. Always verify provisions against the latest official gazette and consult a qualified advocate before relying on any section.