THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956

What is the short title of the Act?

The Immoral Traffic (Prevention) Act, 1956.

What is the Act number of the Immoral Traffic (Prevention) Act?

Act No. 104 of 1956.

On what date did the Act receive assent?

30th December, 1956.

In which year of the Republic of India was the Act enacted?

In the Seventh Year of the Republic of India.

What is the object of the Immoral Traffic (Prevention) Act, 1956?

To provide, in pursuance of the International Convention signed at New York on 9th May 1950, for the prevention of immoral traffic.

Which International Convention forms the basis of this Act?

The International Convention signed at New York on 9th May 1950.

What is the heading of Section 1 of the Immoral Traffic (Prevention) Act, 1956?

Short title, extent and commencement.

Under Section 1(1), what is the short title of the Act?

The Immoral Traffic (Prevention) Act, 1956.

Under Section 1(2), to what territory does the Act extend?

It extends to the whole of India.

Under Section 1(3), which provision comes into force immediately?

This section comes into force at once.

Under Section 1(3), how do the remaining provisions of the Act come into force?

On such date as the Central Government may appoint by notification in the Official Gazette.

Who appoints the commencement date of the remaining provisions under Section 1(3)?

The Central Government.

By what mode is the commencement date notified under Section 1(3)?

By notification in the Official Gazette.

What is the heading of Section 2 of the Immoral Traffic (Prevention) Act, 1956?

Definitions.

When do the definitions under Section 2 apply?

Unless the context otherwise requires.

Under Section 2(a), what is meant by “brothel”?

It means any house, room, conveyance or place or any portion of any house, room, conveyance or place, which is used for purposes of sexual exploitation or abuse for the gain of another person or for the mutual gain of two or more prostitutes.

Under Section 2(aa), who is a “child”?

A person who has not completed the age of sixteen years.

Under Section 2(b), what is a “corrective institution”?

An institution established or licensed under Section 21 in which persons in need of correction may be detained under this Act, including a shelter where under trials may be kept.

Under Section 2(c), what is meant by “magistrate”?

A magistrate specified in the second column of the Schedule as competent to exercise powers under the section specified in the first column of the Schedule.

Under Section 2(ca), who is a “major”?

A person who has completed the age of eighteen years.

Under Section 2(cb), who is a “minor”?

A person who has completed sixteen years but has not completed eighteen years.

Under Section 2(d), what does “prescribed” mean?

Prescribed by rules made under this Act.

Under Section 2(f), what is “prostitution”?

The sexual exploitation or abuse of persons for commercial purpose.

How is the expression “prostitute” construed under Section 2(f)?

In accordance with the definition of prostitution as sexual exploitation or abuse for commercial purpose.

Under Section 2(g), what is a “protective home”?

An institution established or licensed under Section 21 in which persons in need of care and protection may be kept under this Act, with appropriate qualified persons, equipment and facilities, but excluding shelters for undertrials and corrective institutions.

What is excluded from the definition of “protective home” under Section 2(g)?

A shelter where undertrials may be kept and a corrective institution.

Under Section 2(h), what is a “public place”?

Any place intended for use by or accessible to the public, including any public conveyance.

Under Section 2(i), who is a “special police officer”?

A police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purposes of this Act.

Under Section 2(j), who is a “trafficking police officer”?

A police officer appointed by the Central Government under Section 13(4).

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, vide notification No. S.O. 1123(E) dated (18-3-2020).

What is the heading of Section 3 of the Immoral Traffic (Prevention) Act, 1956?

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

Under Section 3(1), who is liable for punishment?

Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel.

What is the punishment on first conviction under Section 3(1)?

Rigorous imprisonment for a term not less than one year and not more than three years and fine which may extend to two thousand rupees.

What is the punishment on second or subsequent conviction under Section 3(1)?

Rigorous imprisonment for a term not less than two years and not more than five years and fine which may extend to two thousand rupees.

Under Section 3(2)(a), who is liable regarding use of premises as brothel?

A tenant, lessee, occupier or person in charge who uses or knowingly allows premises or part thereof to be used as a brothel.

Under Section 3(2)(b), who is liable regarding letting premises as brothel?

An owner, lessor, landlord or their agent who lets premises knowing it is intended to be used as a brothel or is wilfully a party to such use.

What is the punishment on first conviction under Section 3(2)?

Imprisonment for a term which may extend to two years and fine which may extend to two thousand rupees.

What is the punishment on second or subsequent conviction under Section 3(2)?

Rigorous imprisonment for a term which may extend to five years and also fine.

Is knowledge an essential element under Section 3(2)?

Yes, knowledge or wilful participation in use as a brothel is required.

Does Section 3 distinguish between management of brothel and permitting premises to be used?

Yes, sub-section (1) deals with keeping or managing, while sub-section (2) deals with permitting or letting premises for brothel use.

What is provided under Section 3(2A) of the Immoral Traffic (Prevention) Act, 1956?

Section 3(2A) creates a statutory presumption of knowledge regarding use of premises as a brothel.

Against whom does the presumption under Section 3(2A) operate?

Against persons referred to in clause (a) or clause (b) of sub-section (2).

What is presumed under Section 3(2A)?

That such person is knowingly allowing the premises to be used as a brothel or has knowledge of such use.

Is the presumption under Section 3(2A) rebuttable?

Yes, it operates until the contrary is proved.

Under Section 3(2A)(a), when does the presumption arise based on publication?

When a report is published in a newspaper having circulation in the area stating that the premises were found to be used for prostitution after a search under the Act.

Under Section 3(2A)(b), when does the presumption arise based on search material?

When a copy of the list of things found during the search is given to such person.

What is provided under Section 3(3) of the Act?

Section 3(3) declares that on conviction under Section 3(2), the lease or agreement relating to the premises becomes void.

When does the lease or agreement become void under Section 3(3)?

With effect from the date of conviction.

Does Section 3(3) operate notwithstanding other laws?

Yes, it operates notwithstanding anything contained in any other law.

To which premises does Section 3(3) apply?

Premises in respect of which the conviction under Section 3(2) has been recorded.

What is the heading of Section 4 of the Immoral Traffic (Prevention) Act, 1956?

Punishment for living on the earnings of prostitution.

Under Section 4(1), who is liable for punishment?

Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of any other person.

What is the punishment under Section 4(1) in ordinary cases?

Imprisonment for a term which may extend to two years, or fine which may extend to one thousand rupees, or both.

What enhanced punishment is prescribed under Section 4(1) where the earnings relate to a child or minor?

Imprisonment for a term not less than seven years and not more than ten years.

Is knowledge an essential ingredient under Section 4(1)?

Yes, the person must knowingly live on the earnings of prostitution.

Under Section 4(2), what circumstances give rise to a presumption?

Where a person over eighteen years is proved to be living with or habitually in the company of a prostitute, or exercising control or influence over her movements to aid, abetting or compel prostitution, or acting as a tout or pimp.

What is presumed under Section 4(2)?

That such person is knowingly living on the earnings of prostitution of another person.

Is the presumption under Section 4(2) rebuttable?

Yes, it operates until the contrary is proved.

Does Section 4 specifically include touts or pimps?

Yes, acting as a tout or pimp attracts the statutory presumption.

What is the heading of Section 5 of the Immoral Traffic (Prevention) Act, 1956?

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

What substitution was made in Section 5 by amendment with effect from 26-1-1987?

The words “woman or girl” were substituted with the word “person”.

What is the effect of substituting “woman or girl” with “person” in Section 5?

The provision was widened to make the offence gender-neutral.

From which date did the substitution of the term “person” take effect?

With effect from 26-1-1987.

Under Section 5(1)(a), what act constitutes an offence?

Procuring or attempting to procure a person, whether with or without his consent, for the purpose of prostitution.

Is consent relevant under Section 5(1)(a)?

No, the offence applies whether with or without consent.

Under Section 5(1)(b), what conduct is punishable?

Inducing a person to go from any place with intent that he may become an inmate of or frequent a brothel for prostitution.

Under Section 5(1)(c), what transportation-related act is punishable?

Taking or attempting to take a person, or causing a person to be taken, from one place to another for carrying on or being brought up to carry on prostitution.

Under Section 5(1)(d), what general inducement is punishable?

Causing or inducing a person to carry on prostitution.

What is the punishment under Section 5(1)?

Rigorous imprisonment for not less than three years and not more than seven years and fine which may extend to two thousand rupees.

What enhanced punishment applies if the offence is committed against the will of the person?

Imprisonment for a term of seven years which may extend to fourteen years.

Is minimum imprisonment prescribed under Section 5(1)?

Yes, not less than three years.

Does Section 5 treat attempt on par with commission?

Yes, attempts to procure or take are expressly punishable.

What enhanced punishment is prescribed under the proviso to Section 5(1) where the person is a child?

Rigorous imprisonment for not less than seven years but which may extend to imprisonment for life.

What enhanced punishment is prescribed under the proviso to Section 5(1) where the person is a minor?

Rigorous imprisonment for not less than seven years and not more than fourteen years.

Does Section 5 prescribe life imprisonment in any case?

Yes, where the offence relates to a child.

Is minimum imprisonment prescribed for offences relating to a child or minor under Section 5?

Yes, not less than seven years.

What is provided under Section 5(3) regarding trial of offences?

It specifies the places where the offence under Section 5 may be tried.

Under Section 5(3)(a), where may the offence be tried?

In the place from which the person is procured, induced, taken, caused to be taken, or where attempt is made.

Under Section 5(3)(b), where may the offence also be tried?

In the place to which the person has gone as a result of inducement or to which he is taken or attempt is made to take him.

Does Section 5(3) create multiple territorial jurisdictions?

Yes, the offence is triable both at the place of origin and the place of destination.

What is the heading of Section 6 of the Immoral Traffic (Prevention) Act, 1956?

Detaining a person in premises where prostitution is carried on.

Under Section 6(1), what act constitutes the offence?

Detaining any other person, whether with or without consent, in a brothel or in premises with intent that such person may have sexual intercourse with a person who is not his spouse.

Is consent relevant under Section 6(1)?

No, detention is punishable whether with or without consent.

What is the punishment under Section 6(1)?

Imprisonment of either description for not less than seven years but which may be for life or extend to ten years, and also fine.

Is minimum imprisonment prescribed under Section 6(1)?

Yes, not less than seven years.

Can the court impose less than seven years under Section 6(1)?

Yes, for adequate and special reasons to be recorded in the judgment.

What presumption is created under Section 6(2)?

If a person is found with a child in a brothel, it shall be presumed that he has committed an offence under sub-section (1), unless the contrary is proved.

What presumption is created under Section 6(2A)?

If a child or minor found in a brothel is medically found sexually abused, it shall be presumed that the child or minor was detained for prostitution or sexually exploited for commercial purposes.

Is the presumption under Sections 6(2) and 6(2A) rebuttable?

Yes, it operates unless the contrary is proved.

What presumption is created under Section 6(3) of the Immoral Traffic (Prevention) Act, 1956?

A person shall be presumed to detain a woman or girl in a brothel or premises for sexual intercourse with a man other than her lawful husband, if certain coercive acts are proved.

Under Section 6(3), what intention must exist for the presumption to apply?

Intent to compel or induce the woman or girl to remain in the brothel or premises.

Under Section 6(3)(a), what act raises the presumption of detention?

Withholding jewellery, wearing apparel, money or other property belonging to her.

Under Section 6(3)(b), what conduct raises the presumption?

Threatening her with legal proceedings if she removes jewellery, wearing apparel, money or property lent or supplied to her.

Is the presumption under Section 6(3) rebuttable?

Yes, it operates as a statutory presumption subject to proof to the contrary.

What is provided under Section 6(4)?

No suit, prosecution or other legal proceeding shall lie against the woman or girl at the instance of the detainer for recovery of jewellery, property or money allegedly lent, supplied or payable.

Against whose action is the bar under Section 6(4) directed?

Against the person who detained the woman or girl.

What types of claims are barred under Section 6(4)?

Recovery of jewellery, wearing apparel, property or money alleged to have been lent, supplied, pledged or payable.

Does Section 6(4) override contrary laws?

Yes, it operates notwithstanding any law to the contrary.

What is the heading of Section 7 of the Immoral Traffic (Prevention) Act, 1956?

Prostitution in or in the vicinity of public places.

Under Section 7(1), who is punishable?

Any person who carries on prostitution and the person with whom such prostitution is carried on in specified premises.

Under Section 7(1)(a), what premises attract punishment?

Premises within an area notified under sub-section (3).

Under Section 7(1)(b), what proximity restriction is prescribed?

Premises within two hundred metres of a place of public religious worship, educational institution, hostel, hospital, nursing home, or other notified public place.

Who may notify public places under Section 7(1)(b)?

The Commissioner of Police or a Magistrate in the prescribed manner.

What is the punishment under Section 7(1)?

Imprisonment for a term which may extend to three months.

What enhanced punishment is prescribed under Section 7(1A) when the offence involves a child or minor?

Imprisonment of either description for not less than seven years but which may be for life or extend to ten years and also fine.

Is minimum imprisonment prescribed under Section 7(1A)?

Yes, not less than seven years.

Can the court impose less than seven years under Section 7(1A)?

Yes, for adequate and special reasons to be recorded in the judgment.

Does Section 7 punish both the prostitute and the customer?

Yes, both the person carrying on prostitution and the person with whom it is carried on are punishable.

What is provided under Section 7(2) of the Immoral Traffic (Prevention) Act, 1956?

Section 7(2) prescribes punishment for persons who knowingly permit premises or public places to be used for prostitution.

Under Section 7(2)(a), who is liable?

A keeper of a public place who knowingly permits prostitutes to resort to or remain there for purposes of their trade.

Under Section 7(2)(b), who is liable regarding notified premises?

A tenant, lessee, occupier or person in charge who knowingly permits premises referred to in sub-section (1) to be used for prostitution.

Under Section 7(2)(c), who is liable as owner or landlord?

An owner, lessor, landlord or their agent who lets premises with knowledge that they may be used for prostitution or is wilfully a party to such use.

What is the punishment on first conviction under Section 7(2)?

Imprisonment up to three months, or fine up to two hundred rupees, or both.

What is the punishment on second or subsequent conviction under Section 7(2)?

Imprisonment up to six months and fine up to two hundred rupees.

What additional consequence applies if the premises is a hotel under Section 7(2)?

The hotel licence shall be liable to suspension for not less than three months but up to one year.

What enhanced consequence applies if the offence in a hotel involves a child or minor?

The hotel licence shall be liable to cancellation.

How is “hotel” defined for purposes of Section 7(2)?

It has the meaning assigned in clause (6) of Section 2 of the Hotel-Receipts Tax Act, 1980.

Is knowledge an essential element under Section 7(2)?

Yes, the person must knowingly permit or be wilfully a party to the use for prostitution.

What is provided under Section 7(3) of the Immoral Traffic (Prevention) Act, 1956?

Section 7(3) empowers the State Government to prohibit prostitution in specified areas by notification.

On what considerations may the State Government act under Section 7(3)?

The kinds of persons frequenting the area, the nature and density of population, and other relevant considerations.

By what mode is prohibition imposed under Section 7(3)?

By notification in the Official Gazette.

What must be specified in the notification under Section 7(3)?

The area or areas in which prostitution shall not be carried on.

What requirement is imposed under Section 7(4)?

The limits of the notified area must be defined with reasonable certainty.

Can the State Government issue a vague notification under Section 7(4)?

No, the limits must be clearly defined.

What temporal safeguard is provided under Section 7(5)?

The notification cannot take effect before expiry of ninety days from the date of issue.

Is retrospective effect permitted under Section 7(5)?

No, it cannot operate earlier than ninety days after issuance.

What is the heading of Section 8 of the Immoral Traffic (Prevention) Act, 1956?

Seducing or soliciting for purpose of prostitution.

Under Section 8, where must the act occur to constitute an offence?

In any public place or within sight of, and in such manner as to be seen or heard from, any public place.

Does Section 8 apply even if the act is committed from within a building or house?

Yes, if it is visible or audible from a public place.

Under Section 8(a), what conduct is punishable?

Tempting or endeavouring to tempt, or attracting or endeavouring to attract attention for prostitution by words, gestures, wilful exposure of the person, or otherwise.

Is wilful exposure from a window or balcony specifically covered under Section 8(a)?

Yes, sitting by a window or balcony for such purpose is expressly included.

Under Section 8(b), what acts are punishable?

Soliciting, molesting, loitering, or acting in a manner causing obstruction, annoyance, or offending public decency for the purpose of prostitution.

Is obstruction or annoyance to nearby residents relevant under Section 8(b)?

Yes, causing obstruction or annoyance to residents or passers-by attracts liability.

What is the punishment on first conviction under Section 8?

Imprisonment up to six months, or fine up to five hundred rupees, or both.

What is the punishment on second or subsequent conviction under Section 8?

Imprisonment up to one year and fine up to five hundred rupees.

What special punishment applies where the offence is committed by a man?

Imprisonment for not less than seven days but which may extend to three months.

Is minimum imprisonment prescribed only for men under the proviso to Section 8?

Yes, the proviso prescribes a minimum term only where the offender is a man.

What is the heading of Section 9 of the Immoral Traffic (Prevention) Act, 1956?

Seduction of a person in custody.

Under Section 9, who can commit the offence?

Any person having custody, charge or care of, or a position of authority over, any person.

What act constitutes the offence under Section 9?

Causing, aiding or abetting the seduction for prostitution of the person in custody or under authority.

Is actual commission necessary under Section 9?

No, causing, aiding or abetting seduction is sufficient.

What is the punishment under Section 9?

Imprisonment of either description for not less than seven years but which may be for life or extend to ten years, and fine.

Is minimum imprisonment prescribed under Section 9?

Yes, not less than seven years.

Can the court impose less than seven years under Section 9?

Yes, for adequate and special reasons to be recorded in the judgment.

Does Section 9 require existence of custody or authority relationship?

Yes, the offender must have custody, charge, care or authority over the person.

[10. [Release on probation of good conduct or after due admonition.] Omitted by the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986), s. 13 (w.e.f. 26-1-1987).

What is the heading of Section 10A of the Immoral Traffic (Prevention) Act, 1956?

Detention in a corrective institution.

Under Section 10A(1), to whom does the provision apply?

A female offender found guilty under Section 7 or Section 8.

What additional condition must exist under Section 10A(1)(b)?

The character, state of health, mental condition and other circumstances must make detention expedient for her correction.

What alternative to imprisonment is provided under Section 10A(1)?

Detention in a corrective institution.

What is the minimum period of detention under Section 10A(1)?

Not less than two years.

What is the maximum period of detention under Section 10A(1)?

Not more than five years.

Is detention under Section 10A mandatory?

No, the court may pass such an order in lieu of imprisonment.

What procedural safeguard is required under the proviso to Section 10A(1)(i)?

The offender must be given an opportunity of being heard and her representation must be considered along with the probation officer’s report.

Under which statute is the probation officer appointed as referred to in Section 10A?

The Probation of Offenders Act, 1958.

What satisfaction must the court record under Section 10A(1)(ii)?

That the offender is likely to benefit by instruction and discipline in a corrective institution.

Does Section 10A require judicial satisfaction to be recorded?

Yes, the court must record its satisfaction regarding suitability and benefit.

What is provided under Section 10A(2) of the Immoral Traffic (Prevention) Act, 1956?

Section 10A(2) applies provisions relating to appeal, reference, revision and limitation to an order of detention in a corrective institution.

Which procedural laws apply to an order under Section 10A(1)?

The Code of Criminal Procedure, 1973 and the Limitation Act, 1963.

For what purpose are the CrPC provisions applied under Section 10A(2)?

As if the order of detention were a sentence of imprisonment for the same period.

How is an order of detention treated for appellate purposes under Section 10A(2)?

It is treated as a sentence of imprisonment of equivalent duration.

What is provided under Section 10A(3)?

The State Government or authorised authority may discharge the offender from the corrective institution after six months.

After what minimum period can discharge be considered under Section 10A(3)?

After expiration of six months from the date of the detention order.

What condition must be satisfied before discharge under Section 10A(3)?

That there is a reasonable probability that the offender will lead a useful and industrious life.

Can discharge under Section 10A(3) be conditional?

Yes, it may be without condition or subject to conditions.

What document is granted upon discharge under Section 10A(3)?

A written licence in the prescribed form.

Is the discharge power under Section 10A(3) subject to rules?

Yes, subject to rules made in that behalf.

What is provided under Section 10A(4) of the Immoral Traffic (Prevention) Act, 1956?

Section 10A(4) specifies the nature of conditions that may be imposed upon discharge from a corrective institution.

What type of conditions may be imposed under Section 10A(4)?

Conditions relating to residence and supervision over the offender’s activities and movements.

Can discharge under Section 10A include supervision requirements?

Yes, supervision over activities and movements may be imposed.

Can residence restrictions be imposed under Section 10A(4)?

Yes, requirements relating to residence may be included.

Are the conditions under Section 10A(4) discretionary?

Yes, they may be imposed as part of conditional discharge under sub-section (3).

What is the heading of Section 11 of the Immoral Traffic (Prevention) Act, 1956?

Notification of address of previously convicted offenders.

Under Section 11(1), what is the nature of the provision?

It empowers the court to order notification of residence of certain repeat offenders.

What prior conviction under Section 11(1)(a) attracts applicability?

Conviction in India for an offence under this Act or specified IPC sections with imprisonment of two years or upwards.

Which IPC sections are referred to in Section 11(1)(a)?

Sections 363, 365, 366, 366A, 366B, 367, 368, 370, 371, 372 and 373 of the Indian Penal Code.

What foreign convictions are covered under Section 11(1)(b)?

Convictions by a court or tribunal outside India for offences which, if committed in India, would be punishable under this Act or the specified IPC sections with similar imprisonment.

Within what time must the subsequent conviction occur for Section 11 to apply?

Within five years after release from prison.

What must be the nature of the subsequent conviction?

Conviction for an offence under this Act or the specified IPC sections with imprisonment of two years or upwards.

When may the court pass the residence notification order?

At the time of passing the sentence of imprisonment for the subsequent conviction.

What may the court order under Section 11?

That the offender’s residence and any change of or absence from such residence be notified.

For what maximum period may residence notification be ordered?

Not exceeding five years from the date of expiration of the sentence.

Under which provision are rules governing notification framed?

Under Section 23.

Is the order under Section 11 mandatory?

No, the court may pass such order if it thinks fit.

What is the effect of Section 11(2) if the conviction is set aside?

The order directing notification of residence becomes void.

Does Section 11(2) apply to setting aside on appeal or otherwise?

Yes, it applies if the conviction is set aside on appeal or otherwise.

Under Section 11(3), which courts may also pass an order of residence no

tification?

An Appellate Court or the High Court exercising revisional powers.

Can the High Court make an order under Section 11 while exercising revision?

Yes.

Under Section 11(4), who may try a breach of rules relating to residence notification?

A Magistrate of competent jurisdiction.

Where may the breach be tried under Section 11(4)?

In the district where the place last notified as residence is situated.

Does Section 11 create enforceable obligations after release from prison?

Yes, notification of residence and compliance with related rules are enforceable.

12. [Security for good behaviour from habitual offenders.] Omitted by the Suppression of Immoral Traffic in Women and Girls (Amendment) Act, 1986 (44 of 1986) s. 13 (w.e.f. 26-1-1987).]

What is the heading of Section 13 of the Immoral Traffic (Prevention) Act, 1956?

Special police officer and advisory body.

Under Section 13(1), what is mandated for each specified area?

Appointment of a special police officer for dealing with offences under this Act.

Who appoints the special police officer under Section 13(1)?

The State Government or a person authorised on its behalf.

Under Section 13(2), what is the minimum rank of a special police officer?

Not below the rank of Inspector of Police.

Under Section 13(2A), who may confer powers of a special police officer on retired officers?

The District Magistrate.

On whom can powers be conferred under Section 13(2A)?

A retired police officer or a retired military officer.

What rank requirement applies to a retired police officer under Section 13(2A)?

He must have held a post not below the rank of Inspector at the time of retirement.

What rank requirement applies to a retired military officer under Section 13(2A)?

He must have held a post not below the rank of a commissioned officer at the time of retirement.

Under Section 13(3)(a), who assists the special police officer?

Subordinate police officers, including women police officers wherever practicable.

Under Section 13(3)(b), what advisory mechanism may be constituted?

A non-official advisory body of not more than five leading social welfare workers of the area.

Should women social welfare workers be included in the advisory body?

Yes, wherever practicable.

Under Section 13(4), who appoints trafficking police officers?

The Central Government.

For what purpose are trafficking police officers appointed under Section 13(4)?

To investigate offences under this Act or other laws relating to sexual exploitation committed in more than one State.

What is the territorial jurisdiction of trafficking police officers under Section 13(4)?

The whole of India.

Do trafficking police officers exercise the same powers as special police officers?

Yes, with modification that their jurisdiction extends throughout India.

What is the heading of Section 14 of the Immoral Traffic (Prevention) Act, 1956?

Offences to be cognizable.

What is the effect of Section 14 on offences under this Act?

All offences punishable under this Act are deemed to be cognizable within the meaning of the Code of Criminal Procedure, 1973.

Does Section 14 operate notwithstanding the Code of Criminal Procedure, 1973?

Yes, it contains a non-obstante clause overriding the CrPC.

Under proviso (i) to Section 14, who may arrest without warrant?

Only the special police officer or under his direction, guidance or prior approval.

Under proviso (ii), what is required when a subordinate officer is directed to arrest without warrant?

A written order specifying the person to be arrested and the offence.

What must the subordinate officer do before making arrest under proviso (ii)?

Inform the person of the substance of the order and show the written order if required.

Under proviso (iii), who may arrest without prior written order in urgent circumstances?

A police officer not below the rank of Sub-Inspector specially authorised by the special police officer.

What conditions justify emergency arrest under proviso (iii)?

Likelihood of destruction of evidence, escape of offender, unknown identity, or suspicion of false name or address.

What is the reporting obligation after emergency arrest under proviso (iii)?

The officer must report the arrest and circumstances to the special police officer as soon as possible.

Does Section 14 restrict general police powers under the CrPC?

Yes, arrest powers are specifically controlled and channelled through the special police officer framework.

What is the heading of Section 15 of the Immoral Traffic (Prevention) Act, 1956?

Search without warrant.

Under Section 15(1), who may conduct search without warrant?

The special police officer or the trafficking police officer or the trafficking police officer.

What condition must exist before exercising power under Section 15(1)?

The officer must have reasonable grounds to believe that an offence under this Act has been or is being committed in respect of a person living in the premises.

What additional requirement must be satisfied before search without warrant?

The officer must believe that obtaining a warrant would cause undue delay.

What procedural safeguard is required before entering under Section 15(1)?

The officer must record the grounds of his belief.

Under Section 15(2), how many witnesses must be called before search?

Two or more respectable inhabitants.

Is inclusion of a woman mandatory under Section 15(2)?

Yes, at least one of the witnesses must be a woman.

Must all witnesses be from the locality?

Respectable inhabitants should be from the locality, except that the woman witness need not necessarily be from that locality.

Can the officer compel attendance of witnesses under Section 15(2)?

Yes, by issuing an order in writing.

What is the consequence of refusal to witness the search under Section 15(3)?

It is deemed to be an offence under Section 187 of the Indian Penal Code.

Is Section 15 subject to other laws?

No, it operates notwithstanding anything contained in any other law for the time being in force.

What power is conferred under Section 15(4) of the Immoral Traffic (Prevention) Act, 1956?

The special police officer or trafficking police officer may remove all persons found in the premises searched.

After removal under Section 15(4), what is required under Section 15(5)?

The removed person must be produced forthwith before the appropriate Magistrate.

Is immediate production before a Magistrate mandatory under Section 15(5)?

Yes, the person must be produced forthwith.

What is required under Section 15(5A) upon production before the Magistrate?

The person shall be examined by a registered medical practitioner.

For what purposes is medical examination conducted under Section 15(5A)?

Determination of age, detection of injuries from sexual abuse, or presence of sexually transmitted diseases.

How is “registered medical practitioner” defined under Section 15(5A)?

As defined in the Indian Medical Council Act, 1956.

What protection is provided under Section 15(6)?

Immunity from civil or criminal proceedings for anything lawfully done in connection with the search.

Who is protected under Section 15(6)?

The special police officer, trafficking police officer, and other persons taking part in or witnessing the search.

Does immunity under Section 15(6) apply to unlawful acts?

No, it applies only to acts lawfully done.

What is mandated under Section 15(6A) regarding the composition of the search team?

The special police officer or trafficking police officer shall be accompanied by at least two women police officers.

How must interrogation of a removed woman or girl be conducted under Section 15(6A)?

It shall be conducted by a woman police officer.

What if no woman police officer is available for interrogation under Section 15(6A)?

Interrogation shall be conducted only in the presence of a lady member of a recognised welfare institution or organisation.

How is “recognised welfare institution or organisation” defined under Section 15(6A)?

An institution or organisation recognised for this purpose by the State Government.

What is provided under Section 15(7)?

The provisions of the Code of Criminal Procedure, 1973 apply, as far as may be, to searches under this section.

To which CrPC provision is Section 15(7) analogous?

Section 94 of the Code of Criminal Procedure, 1973.

Does Section 15 integrate CrPC procedural safeguards into warrantless searches?

Yes, CrPC provisions apply so far as may be.

What is the heading of Section 16 of the Immoral Traffic (Prevention) Act, 1956?

Rescue of person.

Under Section 16(1), who is empowered to order rescue?

A Magistrate.

On what basis may the Magistrate act under Section 16(1)?

On reason to believe from police information, authorised person, or otherwise.

What must the Magistrate believe under Section 16(1)?

That a person is living, carrying on, or being made to carry on prostitution in a brothel.

To whom may the Magistrate issue direction under Section 16(1)?

A police officer not below the rank of Sub-Inspector.

What is the purpose of entry under Section 16(1)?

To enter the brothel, remove the person, and produce him before the Magistrate.

What is required under Section 16(2) after removal?

The person must be forthwith produced before the Magistrate issuing the order.

Does Section 16 require prior information from police only?

No, the Magistrate may act on police information, authorised person’s information, or otherwise.

Is Section 16 distinct from Section 15 search power?

Yes, Section 16 involves a Magistrate’s direction, whereas Section 15 permits warrantless search by special police officer.

What is the heading of Section 17 of the Immoral Traffic (Prevention) Act, 1956?

Intermediate custody of persons removed under section 15 or rescued under section 16.

Under Section 17(1), when does intermediate custody arise?

When the officer is unable to produce the removed or rescued person before the appropriate Magistrate as required.

Before whom must the person be produced if immediate production is not possible?

The nearest Magistrate of any class.

What may the nearest Magistrate do under Section 17(1)?

Pass orders for safe custody until production before the appropriate Magistrate.

What is the maximum detention period under Section 17(1)?

Not exceeding ten days from the date of the order.

Can the person be restored to someone likely to exercise harmful influence under Section 17(1)?

No.

What inquiry must the Magistrate conduct under Section 17(2)?

Inquiry into correctness of information, age, character, antecedents, suitability of parents/guardian/husband, and home influence.

Can the Magistrate direct a probation officer to inquire under Section 17(2)?

Yes, a probation officer under the Probation of Offenders Act, 1958 may be directed to inquire.

What additional matters may the probation officer inquire into?

Personality of the person and prospects of rehabilitation.

What power does the Magistrate have under Section 17(3) during inquiry?

To pass appropriate orders for safe custody.

What special provision applies where the rescued person is a child or minor under Section 17(3)?

The Magistrate may place the child or minor in an institution established or recognised under a Children Act.

What is the maximum custody period during inquiry under Section 17(3)?

Not exceeding three weeks from the date of the order.

Can the person be kept in custody of someone likely to exert harmful influence under Section 17(3)?

No.

Is opportunity of hearing mandatory under Section 17(2)?

Yes, the person must be given an opportunity of being heard.

Under Section 17(4), when may the Magistrate order detention in a protective home?

When satisfied that the information is correct and the person is in need of care and protection.

What is the minimum period of detention under Section 17(4)?

Not less than one year.

What is the maximum period of detention under Section 17(4)?

Not more than three years.

Where may the person be detained under Section 17(4)?

In a protective home or in such other custody as the Magistrate considers suitable.

Must reasons be recorded for alternative custody under Section 17(4)?

Yes, reasons must be recorded in writing.

What religious safeguard is provided under the proviso to Section 17(4)?

Custody shall not be entrusted to a person or body of a religious persuasion different from that of the person.

Can custodians be required to execute a bond under Section 17(4)?

Yes, they may be required to enter into a bond.

What may the bond contain under Section 17(4)?

Undertakings relating to proper care, guardianship, education, training, medical and psychiatric treatment, and supervision.

For how long may bond conditions remain in force under Section 17(4)?

Not exceeding three years.

Under Section 17(5), how many persons may assist the Magistrate?

A panel of five respectable persons.

How many women must be included in the panel under Section 17(5)?

Three, wherever practicable.

May the Magistrate maintain a list of social welfare workers under Section 17(5)?

Yes, particularly experienced women social welfare workers in the field of suppression of immoral traffic in 3 persons.

Under Section 17(6), where does appeal lie against an order under Section 17(4)?

To the Court of Session.

Is the decision of the Court of Session final under Section 17(6)?

Yes.

What is the heading of Section 17A of the Immoral Traffic (Prevention) Act, 1956?

Conditions to be observed before placing persons rescued under section 16 to parents or guardians.

Does Section 17A operate notwithstanding Section 17(2)?

Yes, it contains a non-obstante clause overriding Section 17(2).

When does Section 17A apply?

When the Magistrate considers handing over a person rescued under Section 16 to parents, guardian or husband.

What must the Magistrate satisfy himself about under Section 17A?

The capacity and genuineness of the parents, guardian or husband to keep such person.

How may the Magistrate verify capacity or genuineness under Section 17A?

By causing an investigation to be made by a recognised welfare institution or organisation.

Is investigation by a recognised welfare institution mandatory before restoration?

The Magistrate may cause such investigation to satisfy himself before handing over custody.

To which category of persons does Section 17A apply?

Persons rescued under Section 16.

What is the heading of Section 18 of the Immoral Traffic (Prevention) Act, 1956?

Closure of brothel and eviction of offenders from the premises.

Under Section 18(1), when may a Magistrate act?

When he receives information that premises within two hundred metres of a public place under Section 7(1) are being used as a brothel or for prostitution.

From whom may the Magistrate receive such information?

From the police or otherwise.

What is the first procedural step under Section 18(1)?

Issuance of notice to show cause within seven days why the premises should not be attached for improper user.

To whom may notice be issued under Section 18(1)?

Owner, lessor, landlord, their agent, tenant, lessee, occupier, or person in charge.

What must the Magistrate determine after hearing the concerned person?

Whether the premises are being used as a brothel or for prostitution.

What eviction power is conferred under Section 18(1)(a)?

The Magistrate may direct eviction of the occupier within seven days of the order.

What restriction is imposed under Section 18(1)(b) regarding re-letting?

The premises cannot be let out without prior approval of the Magistrate for one year.

What enhanced restriction applies if a child or minor is found during search under Section 15?

Prior approval is required for three years instead of one year.

What safeguard is provided if the owner or landlord is innocent?

The Magistrate may restore the premises to the owner or landlord.

What condition may accompany restoration to an innocent owner?

The premises shall not be leased or given possession to the person who allowed the improper user.

Is proximity to public place relevant under Section 18?

Yes, the premises must be within two hundred metres of a public place under Section 7(1).

Under Section 18(2), when may a court pass an order without issuing show cause notice?

When convicting a person under Section 3 or Section 7.

Does Section 18(2) require separate notice before passing closure order?

No, no further notice is required after conviction.

Are orders under Section 18(1) or 18(2) appealable?

No, they are not subject to appeal.

Can orders under Section 18 be stayed or set aside by any civil or criminal court?

No, they shall not be stayed or set aside.

For how long do orders under Section 18 remain valid?

For one year or three years, as the case may be.

What happens if a conviction under Section 3 or 7 is set aside on appeal?

The order passed under Section 18(1) shall also be set aside.

What is the effect of an order under Section 18 on existing leases?

The lease or agreement becomes void and inoperative.

Does Section 18(4) override other laws regarding leases?

Yes, it operates notwithstanding anything contained in any other law.

What is the penalty for failure to comply with direction under Section 18(1)(b)?

Fine which may extend to five hundred rupees.

What is the consequence of failure to comply with the proviso to Section 18(1)?

The owner or landlord is deemed to have committed an offence under Section 3(2)(b) or Section 7(2)(c), as applicable.

What is the heading of Section 19 of the Immoral Traffic (Prevention) Act, 1956?

Application for being kept in a protective home or provided care and protection by court.

Who may apply under Section 19(1)?

A person who is carrying on or is being made to carry on prostitution.

To which Magistrate may the application be made under Section 19(1)?

The Magistrate within whose local jurisdiction the person is carrying on or being made to carry on prostitution.

What relief may be sought under Section 19(1)?

To be kept in a protective home or to be provided care and protection by the court.

What interim power is granted under Section 19(2)?

The Magistrate may direct interim custody pending inquiry.

On what basis may interim custody be ordered under Section 19(2)?

Having regard to the circumstances of the case.

What inquiry must the Magistrate conduct under Section 19(3)?

Inquiry into personality, home conditions and prospects of rehabilitation, including probation officer inquiry.

Under which statute is the probation officer appointed for purposes of Section 19(3)?

The Probation of Offenders Act, 1958.

What must the Magistrate record before passing order under Section 19(3)?

Reasons in writing.

What final orders may be passed under Section 19(3)?

Keeping the applicant in a protective home, corrective institution, or under supervision of a person appointed by the Magistrate.

Is the period of stay under Section 19 fixed by the statute?

It shall be for such period as specified in the Magistrate’s order.

What is the heading of Section 20 of the Immoral Traffic (Prevention) Act, 1956?

Removal of prostitute from any place.

Under Section 20(1), when may a Magistrate act?

When he receives information that a person residing in or frequenting a place within his jurisdiction is a prostitute.

What must the Magistrate record under Section 20(1)?

The substance of the information received.

What does the notice under Section 20(1) require?

The person must appear and show cause why he should not be required to remove himself and be prohibited from re-entering the place.

What must accompany the notice under Section 20(2)?

A copy of the recorded information.

Is service of the copy mandatory under Section 20(2)?

Yes, it must be served along with the notice.

What inquiry is required under Section 20(3)?

Inquiry into the truth of the information received.

Must the person be given opportunity to adduce evidence under Section 20(3)?

Yes.

What two conditions must be satisfied before passing removal order under Section 20(3)?

That the person is a prostitute and that removal is necessary in the interests of the general public.

In what form must the removal order be made under Section 20(3)?

In writing and communicated to the person in the manner specified.

What is the minimum time for compliance under Section 20(3)?

Not less than seven days from the date of the order.

Can the removal be directed to a place outside the Magistrate’s jurisdiction?

Yes, within or without his local jurisdiction.

Can routes and time for removal be specified?

Yes.

What restriction may accompany the removal order?

Prohibition from re-entering the place without written permission of the Magistrate.

What is provided under Section 20(4) of the Immoral Traffic (Prevention) Act, 1956?

Section 20(4) prescribes punishment for failure to comply with a removal or re-entry prohibition order.

Under Section 20(4)(a), what conduct is punishable?

Failure to comply with a removal order within the specified period or re-entering the prohibited place without permission.

Under Section 20(4)(b), who else is liable?

Any person who harbours or conceals a person required to remove himself without requisite permission.

What is the punishment under Section 20(4)?

Fine which may extend to two hundred rupees.

Is additional fine imposed for continuing offence under Section 20(4)?

Yes, up to twenty rupees for every day after the first during which the offence continues.

Does Section 20(4) apply both to the removed person and third parties?

Yes, it applies to the removed person and to anyone harbouring or concealing him.

Is imprisonment prescribed under Section 20(4)?

No, only fine is prescribed.

What is the heading of Section 21 of the Immoral Traffic (Prevention) Act, 1956?

Protective homes.

Under Section 21(1), who may establish protective homes and corrective institutions?

The State Government.

Is establishment under Section 21(1) discretionary?

Yes, the State Government may establish as many as it thinks fit.

How shall such homes and institutions be maintained?

In such manner as may be prescribed.

Under Section 21(2), who may establish or maintain a protective home or corrective institution after commencement of the Act?

Only under and in accordance with a licence issued by the State Government.

Can any person establish a protective home without licence under Section 21(2)?

No.

Under Section 21(3), how is a licence obtained?

By application to the State Government in the prescribed form.

Can the State Government impose conditions in the licence under Section 21(3)?

Yes, in accordance with rules made under the Act.

What management preference may be imposed under the first proviso to Section 21(3)?

Management shall, wherever practicable, be entrusted to women.

What transitional provision applies to protective homes existing at commencement of the Act?

Six months are allowed to apply for licence.

What transitional provision applies to corrective institutions existing at commencement of the 1978 Amendment?

Six months are allowed to apply for licence.

Is licensing under Section 21 mandatory for private institutions?

Yes.

What power is conferred under Section 21(4) before issuing a licence?

The State Government may direct an officer or authority to conduct a full investigation of the application.

How must investigation under Section 21(4) be conducted?

In accordance with the prescribed procedure.

What is provided under Section 21(5) regarding duration of licence?

A licence remains in force for the period specified unless sooner revoked.

How may a licence be renewed under Section 21(5)?

By application made at least thirty days before expiration, for a like period.

Is a licence under Section 21 transferable?

No, it is not transferable.

Under Section 21(7), when may the State Government revoke a licence?

If there is breach of licence conditions, violation of the Act or rules, or dissatisfaction with management or superintendence.

Must reasons be recorded for revocation under Section 21(7)?

Yes.

Is revocation subject to hearing requirement?

Yes, opportunity to show cause must be given before revocation.

Does revocation under Section 21(7) operate without prejudice to other penalties?

Yes.

Can breach by agent or servant also trigger revocation?

Yes.

What is the effect of revocation under Section 21(8)?

The protective home or corrective institution shall cease to function from the date of revocation.

Can the State Government vary or amend a licence under Section 21(9)?

Yes, subject to rules made in that behalf.

Under Section 21(9A), who may order transfer of an inmate?

The State Government or an authority authorised by it.

Between which institutions may inmates be transferred under Section 21(9A)?

From protective home to another protective home or corrective institution, and from corrective institution to another corrective institution or protective home.

On what considerations may transfer be ordered under Section 21(9A)?

Conduct of the person, kind of training to be imparted, and other circumstances of the case.

What time safeguard is provided under proviso (a) to Section 21(9A)?

The transferred person shall not be required to stay longer than the original period ordered.

What procedural safeguard applies under proviso (b) to Section 21(9A)?

Reasons must be recorded for every transfer order.

What punishment is prescribed under Section 21(10) for establishing or maintaining an unauthorised protective home or corrective institution?

For first offence, fine up to one thousand rupees; for second or subsequent offence, imprisonment up to one year or fine up to two thousand rupees or both.

Does Section 21(10) apply to establishments not in accordance with licensing provisions?

Yes.

What is the heading of Section 21A of the Immoral Traffic (Prevention) Act, 1956?

Production of records.

To whom does Section 21A apply?

Every person or authority licensed under Section 21(3) to establish or maintain a protective home or corrective institution.

What obligation is imposed under Section 21A?

To produce records and other documents maintained by the home or institution when required.

Before whom must records be produced under Section 21A?

Before a court.

Is production of records discretionary under Section 21A?

No, it is mandatory when required by the court.

Does Section 21A reinforce judicial oversight over licensed institutions?

Yes.

What is the heading of Section 22 of the Immoral Traffic (Prevention) Act, 1956?

Trials.

What restriction is imposed under Section 22?

No court inferior to a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try specified offences under this Act.

Which offences are covered under Section 22?

Offences under Sections 3, 4, 5, 6, 7 and 8.

Can a Magistrate of Second Class try offences under Sections 3 to 8?

No.

What is the minimum court level required to try major offences under this Act?

Metropolitan Magistrate or Judicial Magistrate of the First Class.

Does Section 22 apply to all offences under the Act?

No, only to offences under Sections 3 to 8.

What is the heading of Section 22A of the Immoral Traffic (Prevention) Act, 1956?

Power to establish Special Courts.

Under Section 22A(1), when may the State Government establish Special Courts?

When satisfied that it is necessary for speedy trial of offences under this Act.

In what areas may Special Courts be established under Section 22A(1)?

In any district or metropolitan area.

Which courts may be established as Special Courts under Section 22A(1)?

Courts of Judicial Magistrates of the First Class or Metropolitan Magistrates.

Is consultation required before establishment of Special Courts under Section 22A(1)?

Yes, consultation with the High Court is mandatory.

Under Section 22A(2), what jurisdiction do Special Courts ordinarily exercise?

Jurisdiction only in respect of cases under this Act.

Can the High Court direct otherwise under Section 22A(2)?

Yes.

What is the territorial jurisdiction of a Special Court under Section 22A(3)?

It extends throughout the district or metropolitan area concerned.

How are Special Courts treated under the Code of Criminal Procedure under Section 22A(4)?

They are deemed to be courts established under Section 11(1) or Section 16(1) of the CrPC.

Do CrPC provisions apply to Special Courts?

Yes, the provisions of the Code apply accordingly.

How is “High Court” defined for purposes of Section 22A?

As defined in clause (e) of Section 2 of the Code of Criminal Procedure, 1973.

What is the heading of Section 22AA of the Immoral Traffic (Prevention) Act, 1956?

Power of Central Government to establish special courts.

Under Section 22AA(1), when may the Central Government establish Special Courts?

When satisfied that it is necessary for speedy trial of offences under this Act committed in more than one State.

Which courts may be established under Section 22AA(1)?

Courts of Judicial Magistrates of the First Class or Metropolitan Magistrates.

Is consultation required before establishment of courts under Section 22AA(1)?

Yes, consultation with the High Court concerned is mandatory.

For what category of offences are courts established under Section 22AA(1)?

Offences under this Act committed in more than one State.

What is provided under Section 22AA(2)?

The provisions of Section 22A apply, so far as may be, to courts established under Section 22AA.

Do Central Government Special Courts function similarly to State-established Special Courts?

Yes, subject to the application of Section 22A.

What is the heading of Section 22B of the Immoral Traffic (Prevention) Act, 1956?

Power of Court to try cases summarily.

Under Section 22B, who may direct summary trial of offences under this Act?

The State Government.

Does Section 22B operate notwithstanding the Code of Criminal Procedure, 1973?

Yes.

Which courts may try offences summarily under Section 22B?

A Magistrate, including the presiding officer of a Special Court established under Section 22A(1).

Which CrPC provisions apply to summary trials under Section 22B?

Sections 262 to 265 of the Code of Criminal Procedure, 1973.

What is the maximum sentence that may be imposed in a summary trial under Section 22B?

Imprisonment for a term not exceeding one year.

When must the Magistrate convert a summary trial into a regular trial?

When it appears that a sentence exceeding one year may have to be passed or summary trial is otherwise undesirable.

What procedural step must be taken before converting the trial?

The Magistrate must hear the parties and record an order.

What must the Magistrate do after converting the summary trial?

Recall any witness examined and proceed to hear or rehear the case according to the Code.

What is the heading of Section 23 of the Immoral Traffic (Prevention) Act, 1956?

Power to make rules.

Under Section 23(1), who may make rules under this Act?

The State Government.

By what mode are rules made under Section 23(1)?

By notification in the Official Gazette.

For what purpose may rules be framed under Section 23(1)?

For carrying out the purposes of the Act.

Does Section 23(2) limit the general rule-making power?

No, it is without prejudice to the generality of the power.

Under Section 23(2)(a), what may be prescribed by rules?

Notification of any place as a public place.

Under Section 23(2)(b), what may be prescribed regarding custody?

Placing in custody and maintenance of persons under Section 17(1).

Under Section 23(2)(bb), what may be prescribed regarding corrective institutions?

Discharge of offender under Section 10A(3) and the form of licence.

Under Section 23(2)(c), what may be prescribed regarding protective homes or corrective institutions?

Detention, keeping and maintenance of persons under the Act.

Under Section 23(2)(d), what may be prescribed regarding residence notification?

Carrying out provisions of Section 11.

Under Section 23(2)(e), what delegation may be prescribed?

Delegation of authority to appoint special police officer under Section 13(1).

Under Section 23(2)(f), what implementation aspect may be prescribed?

Carrying into effect provisions of Section 18.

What does clause (g) of the rule-making provision deal with?

It deals with matters relating to protective homes and corrective institutions.

What matters are covered under clause (g)(i)?

Establishment, maintenance, management and superintendence of protective homes and corrective institutions under Section 21 and appointment, powers and duties of persons employed therein.

What is provided under clause (g)(ii)?

The form of application for a licence and the particulars to be contained therein.

What is provided under clause (g)(iii)?

The procedure for issue or renewal of licence, the time within which it shall be issued or renewed, and the procedure for full and complete investigation of such application.

What is covered under clause (g)(iv)?

The form of a licence and the conditions to be specified therein.

What does clause (g)(v) provide?

The manner in which accounts of a protective home and corrective institution shall be maintained and audited.

What is provided under clause (g)(vi)?

Maintenance of registers and statements by a licensee and the form thereof.

What is dealt with under clause (g)(vii)?

Care, treatment, maintenance, training, instruction, control and discipline of inmates of protective homes and corrective institutions.

What does clause (g)(viii) regulate?

Visits to and communication with inmates of protective homes and corrective institutions.

What is provided under clause (g)(ix)?

Temporary detention of persons sentenced to detention in protective homes or corrective institutions until arrangements are made for sending them thereto.

Under Section 23(2)(g)(x), what transfer may be prescribed?

Transfer of an inmate between protective homes and corrective institutions under Section 21(9A).

Under Section 23(2)(g)(xi), what prison transfer may be prescribed?

Transfer to prison of a person found incorrigible or exercising bad influence and the period of detention therein.

Under Section 23(2)(g)(xii), what may be prescribed regarding persons sentenced under Sections 7 or 8?

Their transfer to protective homes or corrective institutions and the period of detention.

Under Section 23(2)(g)(xiii), what discharge matters may be regulated?

Discharge of inmates absolutely or conditionally and arrest for breach of conditions.

Under Section 23(2)(g)(xiv), what temporary liberty may be regulated?

Grant of short-period absence permission to inmates.

Under Section 23(2)(g)(xv), what inspection power may be prescribed?

Inspection of protective homes, corrective institutions and other institutions where persons are kept.

What is covered under Section 23(2)(h)?

Any other matter which has to be, or may be, prescribed.

Under Section 23(3), breach of which rule categories may be made punishable?

Rules made under clause (d) or clause (g) of sub-section (2).

What is the maximum fine for breach of such rules under Section 23(3)?

Fine which may extend to two hundred and fifty rupees.

What legislative control is provided under Section 23(4)?

All rules must be laid before the State Legislature.

What is the heading of Section 24 of the Immoral Traffic (Prevention) Act, 1956?

Act not to be in derogation of certain other Acts.

What principle is embodied in Section 24?

The Act shall not operate in derogation of specified juvenile reform laws.

Which Central Act is specifically mentioned in Section 24?

The Reformatory Schools Act, 1897.

Does Section 24 protect State Acts relating to juvenile offenders?

Yes.

Does Section 24 preserve State Acts enacted in modification of the Reformatory Schools Act?

Yes.

What is the legislative intent behind Section 24?

To ensure that juvenile offender reform laws continue to operate unaffected by this Act.

Does Section 24 create an overriding effect over juvenile reform statutes?

No, it expressly prevents derogation from them.

What is the heading of Section 25 of the Immoral Traffic (Prevention) Act, 1956?

Repeal and savings.

Under Section 25(1), what happens when this Act comes into force in a State?

All State Acts relating to suppression of immoral traffic or prevention of prostitution stand repealed.

Does repeal under Section 25(1) take effect from commencement of Section 1?

No, it takes effect from commencement of provisions other than Section 1.

What category of laws are repealed under Section 25(1)?

State Acts relating to suppression of immoral traffic in persons or prevention of prostitution.

Does Section 25(2) preserve prior actions taken under repealed State Acts?

Yes.

What types of prior actions are saved under Section 25(2)?

Directions, registers, rules, orders, restrictions and other actions.

What condition must be satisfied for saving under Section 25(2)?

The action must not be inconsistent with this Act.

How are prior actions treated under Section 25(2)?

They are deemed to have been done under this Act.

Until when do saved actions continue?

Until superseded by action taken under this Act.

What is included within the expression “State Act” under the Explanation?

A Provincial Act.