Bengal Suppression Of Immoral Traffic Act, 1933. 1. Short title, extent and commencement. 2. Repeals. 3. Definitions. 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. 11. Punishment for detention as prostitute or in brothels, etc. 12. Punishment for causing or encouraging or abetting seduction or prostitution of girl. 13. Removal of minor girls from premises in certain cases. 14. Disposal of minor girls removed from premises under section 13. 15. Validity of determination of age by Juvenile Court or Magistrate. 16. Power to call for record. 17. Intermediate custody of girls removed from premises under section 13. 18. Contribution of parent. 19. Authority of persons having custody of girl. 20. Inspection of institutions where girls are kept. 21. Appeal from orders by Juvenile Court or Magistrate. 22. Arrest without warrant for solicitation. 23. Offences triable only by Presidency or First Class Magistrates. 24. Bonds. 25. Notices. 26. Limitation of actions. 27. Rules. The Bengal Suppression Of Immoral Traffic Act, 1933.

Bengal Act 6 of 1933

WB654

[22nd June, 1933]

An Act for the suppression of [brothels and] immoral traffic in Bengal.

Whereas it is expedient to make better provision for the suppression of [brothels and of] traffic in women and girls for immoral purposes;

And whereas the previous sanction of the Governor General has been obtained under sub-section (3) of section 80A of the Government of India Act to the passing of this Act;

It is hereby enacted as follows:

Short title, extent and commencement.- (1) This Act may be called the Bengal Suppression of Immoral Traffic Act, 1933.

(2) It extends to the whole of [West Bengal].

(3) This section shall come into force at once and the remaining provisions of this Act, in whole or in part, shall come into force in such areas and on such dates as the [State Government] may, by notification in the [Official Gazette], specify and for this purpose different dates may be specified for different provisions of this Act and for different areas.

Repeals.- The enactments specified in the Schedule are hereby repealed [* *]to the extent noted against each.
Definitions.- In this Act, unless there is anything repugnant in the subject or context, -

(1) "brothel" means any house, part of a house, room or place in which two or more females carry on prostitution [* * * *] or in which any girl under the age of eighteen years is kept with intent that she shall at any age be employed or used for any immoral purpose.

Explanation. - Where a girl under the age of eighteen years is for the time being resident in any house or place used by one or more females for the purpose of prostitution and is being maintained by or associating with any prostitute, it shall, unless such girl is the daughter of an inmate of such house or place, be presumed until the contrary is proved that she is being kept with intent that she shall be employed or used for an immoral purpose.

(2) "Commissioner of Police" means the Commissioner of Police for the town and suburbs of Calcutta, and includes a Deputy Commissioner of Police of Calcutta;

(3) "prescribed" means prescribed by rules made under this Act;

(4) "prostitution" means promiscuous sexual intercourse for hire, whether in money or kind ;

(5) "prostitute" means any female available for the purpose of prostitution;

(6) "public place" includes the site of any hat, bazar or mela, the banks of any river and any docks, jetties and ware-houses to which the public have access, every public building, garden, monument, and the precincts thereof, every place of public amusement, every place of public entertainment and every place accessible to the public for drawing water, washing or bathing, or for purposes of recreation.

Explanation. - (a) The expression "place of public amusement" means any place, enclosure, building, tent, booth or other erection, whether permanent or temporary, where music, singing, dancing, or any diversion or game, or the means of carrying on the same, is provided, and to which the public are admitted either on payment of money, or with the intention that money may be collected from those admitted, and includes a race-course, carnival, circus, cinema, theatre, music hall, billiard-room, bagatelle-room, gymnasium and fencing school.

(b) The expression "place of public entertainment" means any place, whether enclosed or open, to which the public are admitted, and where any kind of food or drink is supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such place and includes a refreshment-room, eating-house, coffee-house, liquor-house, boarding-house, lodging-house, hostel, tea-shop, tavern and a wine, beer, spirit, arrack, toddy, ganja, bhang or opium shop.

(7) "Superintendent of Police" includes any Assistant Superintendent of Police or other person appointed by general or special order of the [State Government] to perform all or any of the duties of a Superintendent of Police under this Act in any district.

Punishment for keeping a brothel or allowing premises to be used as a brothel.- (1) Any person who -

(a) keeps or manages or acts or assists in the management or a brothel, or

(b) being the tenant, lessee, occupier, or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel, or

(c) being the lessor or landlord, or any premises or the agent of such 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,

shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(2) Any person who, having been convicted of an offence punishable under sub-section (1) is convicted of a subsequent offence punishable under the said sub-section shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both, and may in addition be ordered by the Court convictin