State of West Bengal - Act
The Bengal Suppression Of Immoral Traffic Act, 1933
WEST BENGAL
India
India
The Bengal Suppression Of Immoral Traffic Act, 1933
Act 6 of 1933
- Published on 22 June 1933
- Commenced on 22 June 1933
- [This is the version of this document from 22 June 1933.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Repeals.
- The enactments specified in the Schedule are hereby repealed [* *] [Words 'or amended' repealed by Bengal Act 1 of 1939.] to the extent noted against each.3. Definitions.
- In this Act, unless there is anything repugnant in the subject or context, -4. Punishment for keeping a brothel or allowing premises to be used as a brothel.
5. Determination of tenancy of premises in the case of a conviction under section 4.
6. Power to order discontinuance of house, room or place as brothel, etc.
7. Soliciting for purposes of prostitution.
8. Punishment for living on the earnings of prostitution.
9. Procuration.
10. Punishment for importing a female for prostitution.
- Any person who brings or attempts to bring or causes to be brought into any place in which this Act is in force any female with a view to her earning hire, or being brought up to earn hire as a prostitute, shall be punished with imprisonment of either description for a terms which way extend to three years, or with fine which may extend to one thousand rupees, or with both, and, if a male person, shall also be liable to whipping.11. Punishment for detention as prostitute or in brothels, etc.
- Any person who detains -12. Punishment for causing or encouraging or abetting seduction or prostitution of girl.
- If any person having the custody, charge or care of any girl under the age of eighteen years causes or encourages or abets the seduction description or prostitution of that girl, he shall be punished with imprisonment of either for a term which may extend to two years or with fine which may extend to one thousand rupees or with both, and, if male person, shall be liable also to whipping.13. Removal of minor girls from premises in certain cases.
- The Commissioner of Police, Superintendent of Police, or a police officer not below the rank of a sub-inspector specially authorised in writing in this behalf by the Commissioner of Police or Superintendent of Police, may enter any premises if he has reason to believe -14. Disposal of minor girls removed from premises under section 13.
15. Validity of determination of age by Juvenile Court or Magistrate.
- No order made by a Juvenile Court or a Magistrate under section 14 shall be invalidated by any subsequent proof that the age of the girl has not been correctly determined by the Court or the Magistrate.16. Power to call for record.
- Where any girl is produced before a Juvenile Court or a Magistrate under section 14 and any person has been tried by any Court a charge under sections 8, 9, 10, 11 or 12 in respect of such girl or under section 4 in respect of the premises from which she has been removed, the record of such trial may be called for by the Juvenile Court or the Magistrate and the record of evidence given in such trial may be used by such Juvenile Court or Magistrate respectively.Nothing in this section shall prevent any Juvenile Court or Magistrate hearing and recording the evidence of any witness if such Court or Magistrate thinks fit.17. Intermediate custody of girls removed from premises under section 13.
18. Contribution of parent.
19. Authority of persons having custody of girl.
- Notwithstanding anything contained in any other law, any person to whose custody a girl is committed by an order made under section 14 shall, while the order is in force, have the like control over the girl as if he were her parent and shall be responsible for her maintenance and protection and the girl shall continue in his custody notwithstanding that she is claimed by her parent or any other person.20. Inspection of institutions where girls are kept.
- The [State Government] [Words 'Provincial Government' first substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order 1937, and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] may cause any institution in which any girl is kept for the time being in pursuance of an order made under section 14 and which is supported wholly or partly by voluntary contributions, and is not liable to be inspected by or under the authority of [any Government] [Words substituted for the words 'the Government' by the Government of India (Adaptation of Indian Laws) Order, 1937.] to be visited and inspected from time to time by persons appointed by the [State Government] [Words 'Provincial Government' first substituted for the words 'Local Government' by the Government of India (Adaptation of Indian Laws) Order 1937, and thereafter the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] for the purpose.21. Appeal from orders by Juvenile Court or Magistrate.
- An appeal shall lie from any order passed under section 14 or section 18 by a Juvenile Court or by a Magistrate -22. Arrest without warrant for solicitation.
- Any police officer may, at the instance of any person aggrieved, arrest without warrant any person who, in his sight and m a public place, solicits any person for the purposes of prostitution to the annoyance of the person solicited or of two or more inhabitants of the locality or passersby, if the name and address of the person soliciting be unknown to him and cannot be ascertained by him then and there.23. Offences triable only by Presidency or First Class Magistrates.
- Notwithstanding anything contained in Schedule II to the Criminal Procedure Code, 1898, no Magistrate other than a Presidency Magistrate or Magistrate of the First Class shall try any offence punishable under section 4, 5, 6 or 12.24. Bonds.
- The provisions of Chapter XLII of the Code of Criminal Procedure, 1898, shall apply to bonds taken under this Act, or under the rules made under section 27.25. Notices.
- Whenever a notice or copy of an order may be served under the provisions of this Act, such service shall be made in the manner provided for the service of a summons in the Code of Criminal Procedure, 1898, provided, that if service is to be made under the provisions of section 71 of that Code, and it is not known where the person on whom such notice or the copy of such order is to be served ordinarily resides, the serving officer shall affix one of the duplicates of such notice or such copy of such order to some conspicuous part of the premises to which such notice or order relates.26. Limitation of actions.
- The provisions of section 99 of the Calcutta Police Act, 1866, shall apply to all actions and prosecutions against any person which may be lawfully brought for anything done or intended to be done, under the provisions of this Act in the town of Calcutta, as defined in the said Act; and the provisions of section 42 and section 43 of the Police Act, 1861, shall apply to all actions and prosecutions for anything done or intended to be done under the provisions of this Act elsewhere.27. Rules.
| Serial No. | Year | Number | Short title | Extent of repeal |
| 1 | 2 | 3 | 4 | 5 |
| 1 | 1866 | 2.... | Bengal ActsThe CalcuttaSub-urban Police Act, 1866 | (i) Sections 41A and43A,(ii) In clause (a) of sub-section (1) of section 43, thewords, the words, figurers and ltter "other than section41A." |
| 2. | 1866 | 4.... | The Calcutta Police Act,1866. | (i) Sections 68B and72A(ii) In clause (a) of sub-section (1) of section 72, thewords, figures and letter "other than section 68B" |
| 3. | 1922 | 2.... | The Bengal Children Act,1866. | Section 41 |
| 4. | 1923 | 13.... | The Calcutta Supp ressionof Immoral Traffic Act, 1923.Eastern Bengal and Assam Act. | The whole Act. |
| 5. | 1907 | 2.... | The Eastern Bengal andAssam Disorderly House Act, 1907. | The whole Act. |