Section 5 Immoral Traffic (Prevention) Act, 1956

 

Section 5 Immoral Traffic (Prevention) Act, 1956: 

Procuring, inducing or taking 1[person] for the sake of prostitution.—

(1) Any person who—

(a) procures or attempts to procure a 23 [person], whether with or without 24 [his] consent, for the purpose of prostitution; or 1[person], whether with or without 2[his] consent, for the purpose of prostitution; or"

(b) induces a 23 [person] to go from any place, with the intent that 25 [he] may for the purpose of prostitution become the inmate of, or frequent, a brothel; or 1[person] to go from any place, with the intent that 3[he] may for the purpose of prostitution become the inmate of, or frequent, a brothel; or"

(c) takes or attempts to take a 23 [person], or causes a 23 [person] to be taken, from one place to another with a view to 24 [his] carrying on, or being brought up to carry on prostitution; or

(d) causes or induces a 23 [person] to carry on prostitution,1[person] to carry on prostitution," 26 [shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years: Provided that if the person in respect of whom an offence committed under this sub-section,—

(i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and

(ii) is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years;] 27

(3) An offence under this section shall be triable—

(a) in the place from which a 23 [person] is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such 23 [person] is made; or 1[person] is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such 1[person] is made; or"

(b) in the place to which he may have gone as a result of the inducement or to which he is taken or caused to be taken or an attempt to take him is made.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 5 Immoral Traffic (Prevention) Act, 1956:  

Awadesh Kumar Jha @ Akhilesh Kumar  vs The State Of Bihar on 7 January, 2016

Guria, Swayam Sevi Sansthan vs State Of U.P. & Ors on 31 July, 2009

State Of Bihar vs Rajballav Prasad @ Rajballav Pd on 24 November, 2016

State Of Gujarat vs Chatrabhuj Maganlal And Another on 7 April, 1976

State Of Punjab vs Cbi & Ors on 2 September, 2011

A.N. Roy,Commissioner Of Police &  vs Suresh Sham Singh on 4 July, 2006

Bai Radha vs State Of Gujarat on 20 November, 1968

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