means a person who has completed the age of
sixteen years but has not completed the age of
eighteen years;
9
means the sexual exploitation or abuse of persons
for commercial purposes, and the expression
“prostitute” shall be construed accordingly.
10
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 not less than one year and
not more than three years and also with fine which
may extend to two thousand rupees and in the event
of a second or subsequent conviction, with rigorous
imprisonment for a term of not less than two years
and not more than five years and also with fine which
may extend to two thousand rupees.
(2) Any person who—
(a) being the tenant, lessee, occupier or person in
charge of any premises, uses, or knowingly allows any
other person to use, such premises or any part thereof
as a brothel, or
(b) being the owner, lessor or landlord of any premises
or the agent of such owner, lessor or landlord, lets
the same or any part thereof with the knowledge
that the same or any part thereof is intended to be
used as a brothel, or is wilfully a party to the use of
such premises or any part thereof as a brothel, shall
be punishable on first conviction with imprisonment
for a term which may extend to two years and with
fine which may extend to two thousand rupees and in
the event of a second or subsequent conviction, with
rigorous imprisonment for a term which may extend to
five years and also with fine.
[(2A) For the purposes of sub-section (2), it shall be
presumed until the contrary is proved, that any person
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referred to in clause (a) or clause (b) of that subsection, is knowingly allowing the premises or any part
thereof to be used as a brothel or, as the case may be,
has knowledge that the premises or any part thereof
are being used as a brothel, if,—
view to [his] carrying on, or being brought up to carry
on prostitution; or
(d) causes or induces a [person] to carry on
prostitution,1[person] to carry on prostitution,”
[shall be punishable on conviction with rigorous
(a) a report is published in a newspaper having
circulation in the area in which such person resides to
the effect that the premises or any part thereof have
been found to be used for prostitution as a result of a
search made under this Act; or
(b) a copy of the list of all things found during the
search referred to in clause (a) is given to such
person.]
(3) Notwithstanding anything contained in any other
law for the time being in force, on conviction of any
person referred to in clause (a) or clause (b) of subsection (2) of any offence under that sub-section
in respect of any premises or any part thereof, any
lease or agreement under which such premises have
been leased out or are held or occupied at the time
of the commission of the offence, shall become void
and inoperative with effect from the date of the said
conviction.
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 subsection 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;] [***]
(3) An offence under this section shall be triable—
(a) in the place from which a [person] is procured,
induced to go, taken or caused to be taken or from
which an attempt to procure or take such [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.
Procuring, inducing or taking 1[person] for the sake
of prostitution.—
(1) Any person who—
(a) procures or attempts to procure a [person],
whether with or without [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 [person] to go from any place, with the
intent that [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 [person], or causes a
[person] to be taken, from one place to another with a
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(1) Any [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 under
sub-section (3), or
(b) which are within a distance of two hundred metres
of any place of public religious worship, educational
13