Section 6 Immoral Traffic (Prevention) Act, 1956

 

Section 6 Immoral Traffic (Prevention) Act, 1956: 

Detaining a 28 [person] in premises where prostitution is carried on.—

(1) Any person who detains 29 [any other person, whether with or without his consent],—

(a) in any brothel, or

(b) in or upon any premises with intent 29 [that such person may have sexual intercourse with a person who is not the spouse of such person], 2[that such person may have sexual intercourse with a person who is not the spouse of such person]," shall be punishable 29 [on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years].

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

(2A) Where a child or minor found in a brothel, is on medical examination, detected to have been sexually abused, it shall be presumed, unless the contrary is proved, that the child or minor has been detained for purposes of prostitution or, as the case may be, has been sexually exploited for commercial purposes.]

(3) A person shall be presumed to detain a woman or girl in a brothel or in or upon any premises for the purpose of sexual intercourse with a man other than her lawful husband, if such person, with intent to compel or induce her to remain there,—

(a) withholds from her any jewellery, wearing apparel, money or other property belonging to her, or

(b) threatens her with legal proceedings if she takes away with her any jewellery, wearing apparel, money or other property lent or supplied to her by or by the direction of such person.

(4) Notwithstanding any law to the contrary, no suit, prosecution or other legal proceeding shall lie against such woman or girl at the instance of the person by whom she has been detained, for the recovery of any jewellery, wearing apparel or other property alleged to have been lent or supplied to or for such woman or girl or to have been pledged by such woman or girl or for the recovery of any money alleged to be payable by such woman or girl.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 6 Immoral Traffic (Prevention) Act, 1956:  

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

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

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