the s'li l- pr~ssion of imhopa! traffic in wmhn and girls (amendment) bill, 1978 ,riy belas 1'1 traduced in lqk sabha 7 1 page 1, in the long ti tle,-!qr if&lpression'' ~~ "suppression" 2 page 2, line 6,-for "shedule" ma4 "schedule" 3 page 2, line 22,-!q1: "insti tuti ," ~ "i!1sti tution; '" 4 page 5, line 37,-be:::,·~~e "six" omit "a" 5, pagp 6~ line 1,-!ru: "sub- sec ti l ~) •• iltad "sub- section (2)" 6 pc'-~p 6, lines 43 8>nc; 44,-for "in rted" t!:1jl "in serted" in the margin,-7 page 7, against line 42, ~ "20 of 195'8" fly'::- "30 of 1958 " 8 page 1 1 , line 8,-for "special court" ~ "court" new delhi; july 25' 1978 sravana 3, 1900 (saka)  bill no 114 of 1978 the suppression of immoral traffic in women and girls (amendment) bill, 1978 abill to amend the suprebsion of immoral traffic in women and girls act, 1956 be it enacted by parliament in the twenty-ninth year of the republic of india as follows:-1 (1) this act may be called the suppression of immoral traffic in short women and girls (amendment) act, 1978 title and commencement, 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 104 of 1956 2 in the suppression of immoral traffic in women and girls act, 1956 (hereinafter referred to as the principal act), in secti~n 2,-amend-ment of section 2 (a) in clause (a), after the word "room", in both the places 10 where it occurs, the word ", conveyance" shall be inserted; (b) after clause (a), the following'-c1ause shall be inserted, namely:-'(aa) iicorrective institution" means an institution, by whatever name called (being  an institution established or is licensed as such under section 21), in which women and girls, who are in need of correction, may be detained under this act, and includes a shelter where female undertrials may be kept in pursuance of this act;'; ~ i ~c'~",r dale (c), the following clause shall be substituted, namely:-'(c) "magistrate" means a magistrate specified in the second column of the schedule as being competent to exercise the powers conferred by the section in which the expression 5 occurs and which is specified in uc first column of the shedule;'; (d) clause (e) shall be omitted; (e) for clauses (f) and (g), the following clauses shall be substituted, namely:-'(1) "prostitution" means the act of a female offering her 10 body for promiscuous sexual intercourse for hire, whether in money or in kind, and whether offered immediately or otherwise, and the expression "prostitute" shall be construed accordingly; (g) "protective home" means an institution, by whatever 1 s name called (being an institution established or licensed as such under section 21), in which women and girls, who are in need of care and protection, may be kept under this act, but does not include-(i) a shelter where female undertrials may be kept in 20 pursuance of this act, or (ii) a corrective institutic '1,', 3 after section 2 of the principal act, the following section shall be inserted, namely:-insertion of new section 2a "2a any reference in this act to a law which is not in force 25 in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any in force in that state " rule of construction regarding enactments not extending to jammu and kashmir 4 in section 4 of the principal ad, for sub-section (2), the following fiub-sect~on shall be substituted, namely: -30 amendment 01' eotiod " "(2) where any person over the age of eighteen years is proved-«(i) to be living with, or to be habitually in the company of, a prostitute; or (b) w have exercised control, direction or inftue~ over the movements of a prostitute in such a manner as to show that such 35 person is aiding, abetting or compelling her prostitution; or (c) to be acting as a tout or pimp on behalf of a prostitute, itiball be prell:lmed, until the contrary is prwed, that such person t lqlowlngly living on the earnings of pr"jstltution of another person within the meaning of 8ub·section (n"  s in section '1 of the principal aot,-amend_ ment ot lectiod 7 (a) for sub-section (1), the following sub-section shall be tubstituted, namely:-5 ii (1) any woman or girl, 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 met-10 res of any place of, public religious worship, educational institution, hostel, hospital, nursing home or such other puolic place of any kind as may be notified in this behalf by the commissioner of police or magistrate in the manner prescribed, 15 shall be punishable with imprisonment for a term which may extend to three months"; (b) after sub-section (2), the following sub-sections shall be inserted, namely:-20 "(3) the state government may, having regard to the kinds of persons frequenting any area or areas in the state, the nature and the density of population therein and other relevant eonsiderations, by notification in the official gazette, direct that prostitution shall not be carried on in such area or areas as may be specified in the notification 25 (4) where a notification is issued under sub-section (3) in respect of any area or areas, the state government shall define the limits of such area or areas in the notification with reasonable certainty ~o (5) no such notification shall be issued so as to have effect from a date earlier than the expiry of a period of ninety day after the date on which it is issued" amendment of section 9 6 in section 9 of the principal act, in sub-section (1), for the words "having the custody charge or care of any woman or girl", the words "baving the custody, charge or care o,f, or a position of authority over 35 any woman or girl" shall be substituted' 7 for section 10 of the principal act, the following ectioluj shall be substituted, namely:-substitution of new sectiou3 for section 10 "10 (1) a pe;son convicted for the first time of any offence under section 7 or section 8 may, having regard to his age, character, antecedents and the circumstances in which the offence was committed, 5 be released by the court before which he is convicted, on probation of good conduct,-release on probation of good conduct or after due admonition 20 of 1958 (a) in a case arising in an area where the probation of offenders act, 1958, is in force, in the manner provided in section 4 of that act; and 10 2 of 1974 (0) in any other case, in the manner provided in subsection (1) of section 360 of the code of criminal procedure, 1973 (2) a person convicted for the first time of any offence under section 7 or section 8 may, having regard to his age, character, ante- is cedents and the circumstances in which the offence was committed, also be released after due admonition,-20 of 1958 20 2 of 1974 (a) in a case arising in an area, where the probation of offenders act, 1958, is in force, in the manner provided in section 3 of that act; and (b) in any other case, in the manner provided in subsection (3) of section 360 of the code of criminal procedure, 1973 (3) the provisions of sections 5 to 17 (both inclusive) of the pro-2 of 1974 2 of 1974 bation of offenders act, 1958, shall apply to the cases referred to ill 25 20 of 1958 clause (a) of sub-section (1) and clause (a) of sub-section (2) (4) the provisions of sub-sections (2) to (10) (both inclusive) of section 360 of the code of criminal procedure, 1973, shall apply to the cases referred to in clause (b) of sub-section (1) and clause (b) of sub-section (2) 30 (5) notwithstanding anything contained in the code of criminal procedure, 1973, or any other law for the time being in force, no person convicted of an offence under sub-section (1) or sub-section (2) of section 3, or under section 4, section 5, section 6 or section 9 sball be released on probation or after due admonition 35 (6) notwithstanding anything contained in sub-section (1) or sub-section (2),' if the person convicted of an offence under section 7 or section 8 for the first ·time is a woman or girl, she shall be dealt with under this section and no sentence of imprisonment shall be awarded to her unless the court is satisfted that, having 40 regard to the circumstances of the case, including the nature of the offence and the character of the offender, it would not be desirable to deal with her under this section; and if the court passes any sentence of imprisonment on the offender on first conviction, it shall record its reasons for doing so 45 (7) for the purpose of satisfying itself whether or not it would be desirable to deal with such woman or girl under this section, the court shall call for a report from the probation officer appointed under 10 of 1958 the prqbation of offenders act, 1958, and shall consider his report if any, and any other information available to it relating to the character and physical and mental condition of the oftender loa (1) where-5 (a) a female offender is found guilty of, an offence under section 7 or section 8, and is not released under sub-section (1) or sub-section (2) of section 10; and detention in a correc_ tive institution 10 (b) the character, state of health and mental condition of the offender and the other circumstances of the case are such that it is expedient that she should be subject to detention for luch term and such instruction and discipline as are conducive to her correction, is it shall be lawful for the court to pass, in lieu of a sentence of imprisonment, an order for detention in a corrective institution for such term, not being less than two years and not being more than five years, as the court thinks fit: - provided that before passing such an order-20 (i) tl! court shall give an opportunity to the offender to be heard and shall also consider any representaticn which the offender may make to the court as to the suitability of· the case for treatment in such an institution, as also the report of the probation officer appointed under the probation of oifenders act, 1958; and jo of 1958 25 (ii) the court shall record that it is satisfied that the ctlaracter, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to benefit by such instruction and discipline as aforesaid 2 of 1974 38 of 1963 30 35 45 (2) subject to the provisions of sub-section (3), the provisions of the code of criminal procedure, 1973, relating to appeal, reference and revision, and of the limitation act, 1963, as to the period within which an appeal shall be filed, shall apply in relation to an order of detention under sub-section (1) as if the order had been a sentence of imprisonment for the same period as the period for which the detention was ordered (3) subject to such rules as may be made in this behalf, the state government or authority £uthorised in 'this behalf may, at any time after the expiration of a six months from the date of an order for detention in a corrective institution, if it is satisfied that there is a reasonable probability that the offender will lead a useful and industrious life, discharge her from such an institution, without condition or with such conditions as may be considered fit, and grant her a written licence in such form as may he prescribed (4) the conditions on which an offender is discharged under sub-section (3), may include requirements relating to residence of the offender and supervision over the offender's activities and movements" amendment of section 11 8 in section 12 of the princip:ll act, in sub-section (4), for the words 5 of 1898 and figures "sections 112 to 126 of the code of criminal procedure, 1898", the words and figures "sections 111 to 123 of the code of criminal pro-2 of 1974 50 cedure, 1973" shall be substituted i in section 13 of the principal act, for sulhectii- (2), the following iub-~tioll's shall be substituted namely:-amendment of eectlon 13 -  (2) the special police officer shall not be below the rank of an inspector of police (2a) the district magistrate may, if he considers it necessary s or expedient so to do, confer upon any retired police or military officer all or any of the powers conferred by or under this act on a special police officer, with respect to particular cases or classes of cases or to cases generally: provided that no such power shall be conferred on-10 (a) a retired police officer unless such officer, at the time of his retirement, was holding a post not below the rank of an inspector; (b) a retired military officer unless such officer, at the time of his retirement, was holding a post not below the rank of is a commissioned officer/to - 10 in section 14 of the principal act,-amendment 0' section 14 (a) in the opening paragraph, for the words and figures "the code of criminal procedure, 1898", the words and figures "the code 5 of 1891 of criminal procedure, 1973" shall be substituted; 20 2 ot 19" (b) in clause (iii) of the proviso for the word "inspector", the word "sub-inspector" shall be substituted 11 in section 15 of the principal act,-ametlt-ment ot ~ction  15 (a)  in sub-section (2), the following proviso shall be inserted at the end, namely: -25 "provided that the requirement as to the respectable inhabitants being from the locality in which the place to be searched is situate shall not apply to a woman required to attend and witness the search"; (b) for sub-section (4), the following sub-section shall be substi- 30 tuted naanely:-ii (4) the specitl police officer entering any premises under sub-section (1) shall be entitled to remove therefrom-(a) any woman if in his opinion, she is carrying on, or is being made to carry on, or attempts are being made to make her carryon, prostitution; or 3s (b) any girl, if in his opinion she is under the age of twenty-one years and is carrying on, or is being made to carryon, or attempts are being made to make her carry on, prostitution"; 40 (c) in sub-section (5), for the words "the girl" the words cothe woman or girl" shall be substituted; (d) after sub-section (6), the following sub-section shan be in-crted, namely:-ii (7) the provisions of the code of criminal procedure, 1973, 45 2 of 1974 thall, so far as may be, apply to any search under this section 88 they apply to any search made under the authority of a warrant issued under section 94 of the said code 12 for sections 16 and 17 of the principal act, the following sections substlshall be substituted, namely: -tution of new sections for sectiona 16 and 17 "16 (1) where ~ magistrate has reason to believe from informa-rescue of tion received from the police or from any other person authorised woman or by the state government in this behalf or otherwise, thatgirl 5 (a) a woman is being made to carry on prostitution in ii brothel, or (b) a girl a·pparently under the age of twenty-one years is living, or is carrying on, or is being made to carryon, prostltu-10 tion in a brothel, he may direct a police officer not below the rank of a sub-inspector to enter such brothel, and to remove therefrom such woman or ,girl and produce her before him (2) the police officer, after removing the woman 01'-' girl, shall is forthwith produce her before the magistrate issuing the 'order 20 intermediate cus· tody of women and girla removed under section 15 or rescued under section 16 17 (1) when the special police officer removing a woman or girl under sub-section (4) of section 15 or a pqlice officer rescuing a wc,man or girl under sub-section (1) of section 16, is for any reason unable to produce her before the appropriate magistrate as required by sub-section (5) of section 15, or before the magistrate issuing the order under sub-section (2) of section 16, he shall forthwith produce her before the nearest magistrate of any class, who shall pass such orders as he deems proper for her safe cusbdy until she is produced before the appropriate magistra,te, or, as the case may be, the magistrate issuing the order: provided that no woman or girl shall be-(i) detained in custody under 'this sub-section for a period exceeding ten days from the date of the order under this subsection; or 30 (h), restored to or placed in the custody of a person wflo may exercise a harmful influence over her 3s 30 of 1958 (2) when the woman or girl is produced before the appropriate magistrate under sub-section (5) of section 15 or the magistrate under sub-section (2) of section 16 he shall, after giving her an opportunity of being heard, cause an inquiry to be made as to the correctness of the information re::eivej tmder sub-section (1) of section 16, the age, character and antecedents at the woman or girl and the suitability of her parents, guardian 'jr husband· for taking charge of her and the nature of the influence which the conditions in her home are likely to have on her if she is sent home, and for this purpose, he may direct a probation officer appointed under the probation of offenders act, 1958, to inquire into the above circumstances and int::> the personality of the woman or girl and the prospects of her rehabilitation (3) the magistrate may while an inquiry is made into a case 45 under sub-section (2), pass such orders as he :!eems proper for the lafe custody of the woman or girl: provided that no woman or girl shall be kept in custody for this purpose for a period exceeding three weeks from the date of such an order, and no woman or girl shall be kept in the custody of a person likely to have a harmful influe~ce over her s (4) where the magistrate is satisfied, after making an inquiry as required under sub-section (2) ,-(a) that the information received is correct; and (b) that she is in need of care and protection, he may, subject to the ,provisions of sub-section (5), make an order 10 that such woman or girl be detained for such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home, or in such other custody as he shall, for reasons to be recorded in writing, consider suitable: provided that such custody shall not be that of a person or body j s of persons of a religious persuasion different from that of the woman or girl, and that those entrusted with the custody of the woman or girl, including the persons in charge of a protective home, may be required to enter into a bond which may, where necessary and feasible, contain undertakings based on directions relating to the 20 proper care, guardianship, education, training and medical and psychiatric treatment of the woman or girl as well as supervision by a person appointed by the court, which will be in force for a period not exceeding three years (5) in discharging his functions under sub-section (2), a magis- 25 trate may summon a panel of five respectable persons, three of whom shall, wherever practicable, be women, to assist him; and may for this purpose keep a list of experienced social welfare workers, particularly women social welfare workers, in the field of suppression of immoral traffic in women and girls 30 amendmenlof section 18 (6) an appeal against an order made under sub-section (4) shall lie to the court of session whose decision on such appeal shall be final" 13 in section 18 of the principal act, in sub-section (1), for the words "two hundred y:irds", the words "two hundred metres" shall be 3s substituted 14 for section 19 of the principal act, the following section shall '-'e substituted, namely:-substitution of new ~ection tor section 19 "19 (1) a woman or girl who is carrying on, or is being made to carry on, prostitution, may make gn application, to the magistrate 40 within the local limits of whose jurisdiction she is carrying on, or is being made to carry on, prostitution, for an order that she may be-(a) kept in a protective home, or (b) provided care and protection by the court in the iftaiuml' 4s specified in sub·section (3) applicationtor being kept in a protective home or provided care and protection by court (2) the magistrate may, pending inquiry under sub-section (3), dir~t that the woman or girl be kept in such custody as he may consider prop'er, having regard to the circumstances of the case 5  10 of lit 18(3) if the magistrate, after hearing the applicant and making sueh inquiry as he may consider necessary, including an inquiry by a probation officer appointed under the probation of oftenders act, 19m, into the personality, conditions at home and prospects of rehabilitation of the applicant, is satisfied that an order should be made under this section, he shall, for reasons to be recorded mab an order that the applicant be kept,-lq (i) in a protective home or (ii) in a eorrective institution, or (iii) under the supervision of a person appointed by the magistrate, 1$ for such period as may be speeuied in the order" 15 in section 21 of the principal act,-amendment of section 21 20 (a) in sub-section (1), for the words "as many protective homes under this act as it thinks fit and such homes'" the words "as many protective homes and corrective institutions under this act as it thinks fit and such homes and institutions" 'shall be substituted; (b) in sub-sections (2), (7), (8) and (10), for the words "protective home", wherever they occur, the words "protective home or corrective institution" shall be substituted; (c) in sub-section (3) ,-(i) in the &paning paragraph and in the ftrat proviso, for the words "protective· home", the wol"ds "protective· home or "aorree-'tive institution" shall be lubltituted; 30 35 (ii) after th,e second proviso, the following pl'()viso shall be inserted, namely:-- "provided also that a person or authority maintaining any corrective institution at the commencement of the suppression of: immoral traffic in women and girls (amendment) aot, 1978, shall be allowed a period of six months from such commencement to make an application for such licence" ; (d) after sub-section (9), the following sub-section shall be inserted, namely:- "(9a) the state government or an authority authorised ~y it in this behalf may, subject to any rules that may be made 10 this behalf, transfer an inmate of a protective home to another protective home or to a corrective institution or ~n inmate of a corrective institution to another corrective institution or to a protective home, where such transfer is considered desirable having regard to the conduct of the person to be transferred $ the kind of training to be imparted and other cireumstanees of the case: provided that-(a) no woman or girl who is transferred under this mb-section shall be required to stay in the home or institu- iii tion to which she is transferred for a period longer than she was required to stay in the home or institution from which she was transferred; (b) reasons shall be recorded for every order of transfer under this suh-section" is amendment of section 22 16 in section 22 of the principal act, for the words, brackets, letter and figure "a magistrate as defined in clause (c) of section 2", the words "a metropolitan magistrate or a judicial magistrate of the first class" shall be substituted   1'7 after section 22 of the principal act, the following sections shall 20 be inserted, namely:-lnsertiotl of new sections 22a and 22b power to establish special courts '22a (1) if the state government is satisfied that it is necessary for the purpose of providing for speedy trial of offences under this act in any district or metropolitan area, it may, by notification in the oftlcial gazette and after consultation with the hip court, establish 25 one or ij1a)re courts of judicial magistrates of the ftrst clus, or, al the case may be, metropolitan magistrates, in such district or metropolitan area (2) unless otherwise directed by the high co\lrt, a court estab- lished under lii1b-section (1) shall exercise jurisdiction only in respect 30 of cases under this act (3) subject to the provisions of su1hection (2), the jurisdiction and pcmrers of the presiding ofticer of a court established under subsection (1) in any district or metropolitan area shall extend through out the district or the metropolitan area, as the case may be 35 (4)' subject to the foregoing provisions of this section, a court established under sub-section '(1) in any district or metropolitan area shall be deemed to be a court established under sub-section (1) of secqon 11, or, as the case may be, sub-section (1) of section 16, of the code of criminal procedure, 1973 and the provisions of that code 40 2 of 1974 shall apply accwdingiy in relation to pch ,4:ouris ~ i ~ of 1974 expla114tion-in this section, "high court" has the same meaning as in clause (e) of, section 2 of the code of criminal procedure, 1973 power of court to try cases summarily 2 of 1974 s 22b notwithstanding anything conta41ed in the code of criminal procedure, 1973, the state government may, if it considers it necessary so to do, direct that offences under this act shall be tried in a summary way by a magistrate [including the presiding officer of a special court established under sub-section (1) of section 22a] and the provisions of sections 262 to 265 (both inclusive) of the said code, shall, as far as may be, apply to such trial:· jo provided that in the case of any conviction in a summary trial under this seetion, it shall be lawf,ul for the magistrate to pass a sentence of imprisonment for a term not exceeding one yeai': provided further that when at the commencement of or in the , is course of a summary trial under this section, it appears to the magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or t~t it is, for any other reason, undesirable to try the case summarily, the magistra~ shall, after hearing the parties, record an z~ order to that effect and thereafter recall any witness, who may have been examined and proceed to hear or rehear the case in the manner provided by the said code' 18 in section 23 of the principal act, in sub-section (2) ,-amendmento! jectlon 23 (a) in clause (b), after the words, brackets and figures "under sub-section (1) of section 10", the words "where the women or girls are without a home" shall be inserted; (b) after clause (b), the following clause shall be inserted, namely:-"(bb) the discharge of an offender under sub-section (l) of 3e section loa from a corrective institution and the form of licence to be granted to such offender;"; (c) for clause (c), the following clause shall be substituted, namely:-i "(c) the detention and keeping in protective homes or, as the case may be, in corrective institutions of women and girls under this act and their maintenance;"; (d) for clause (g), the following clause shall be substituted, daxdely:-i 40 "(g) (i) the establishment, maintenance, management and superintendence of protective homes and corrective institutions under section 21 and the appointment, powers and duties of persons employed iri such homes or institutions; (it) the form in which an application for a licence may be made and the particulars to be contained in such applicatiorl; (iii) the procedure for the issue or renewal of a licence, the time within which such licence shall be issued olj renewed 5 and the procedure to be followed in making a full and complete investigation in respect of an application for a licence; (iv) the form of a licence and the conditions to be specified therein; (v) the manner in which the accounts of a protective home and a corrective institution shall be maintained and audited; 10 (vi) the maintenance of registers and statements by a licensee and the form of such regieters and statements; (vii) the care, treatment, maintenance, training, instruction, control and discipline of the inmates of protective homes ) 5 and corrective institutions; (viii) the visits to and communication with such inmates; (ix) the temporary detention of women and girls sentenced to detention in protective homes or in corrective institutions until arrangements are made for sending them to such homes or20 institutions; (:r) the transfer of an inmate from-(4) one protective home to another, or to a corrective inlutution, (b) ode corrective institution to another or to a protec-~~~ ~ under sub-section (9a) of section 21; (:ri) the transfer in pursuance of an order of the court from a protective home or a corrective institution to a prison of a woman or girl found to be incorrigible or exercising bad inftuence upon other inmates of the protective home or the corrective 30 institution and the period of her detention in such prison; (~i) the transfer to a protective home or corrective institu tion of women or girls sentenced under section 7 or aeetion 8 and the period of their detention in such home or institution: (:riii) the discharge of inmates from a protective home or 35 corrective institution either absolutely or subject tg condluoll8, and their arrest in the event of breach of such conditions; (xiv) the grant of permission to inmates to absent themselves for short periods; (xv) the inspection of protective homes and corrective inst1~ 40 tutions and other institutions in which women and girls rna, be kept, detained and maintained;" it in the principal act, the following schedule shall be inserted at the iriaertiorl end, namely:-of new schedule  "the schedule [see section 2 (c)]section s 7 (1) magistrate competent to exercise the powers ------------------district magistrate 11 (4) metropolitan magistrate or judicial magistrate of the first class 12(4) 10 metropolitan magistrate or judicial magistrate of the first class 15 (5) metropolitan magistrate judicial majistrate of _the first class, district magistrate or sub-divisional magistrate 16 is metropolitan magistrate, judicial magistrate of the first class, district magistrate or sub-divisional magistrate 13 district magistrate or sub-divisional magistrate 19 magistrate, judicial magistrate of the district magistrate or sub-divisional metropolitan first class, magistrate 20 20 district magistrate, sub-divisional magistrate or any executive magistrate specially empowered by the· state government 22b metropolitan magistrate or judicial magistrate of the first class", --__--------------2s 20 in section 18 of the probation of offenders act, 1958, the words amendmentof act and figures "or the suppression of immoral traffic in women and girls 104 of 1958 act, 1956" shall be omitted 20 of 1958 the suppression of immoral traffic in women and girls act, 1956, was enacted in pursuance of an international convention signed at new york on 9th may, 1950 the act came into force on 1st may, 1958 its principal object is to prevent commercialisation -of the vice and trafficking among women and girls experience gained in the implementation of the act has brought to light certain inadequacies it is proposed to amend the act to make good these inadequacies while fo;rmulating the amendments, the recommendations made by an expert committee appointed by the department of social welfare, toe law commission as contained in its sixty-fourth report and the committee on the status of women in india were also considered the main amendments proposed are as follows:-(i) it is proposed to empower the state governments to declare certain a-reas, in the public interest, to be places where prostitution will be prohibited while notifying such areas, due regard will be had to the kinds of persons frequenting such areas, the nature and density of populat:on in those areas and other relevant considerations (ii) in order to have adequate man-power to deal with offences under the act, it is proposed that the special police officers to be appointed under section 13 of the act shall not be below the rank of an inspector of police the existing provision provides for the appointment of police offi,cers not below the tank of an assistant commissioner, a superintendent of police or deputy superintendent of police as special police officers an enabling provision is being made to empower the district magistrates to appoint retired police qr military officers as flpecial police officers with a view to mobilising additional man-power 'resources available in the community (iii) in view of the practical difficulties in obtaining necessary co-operation from respectable local women, the provision requiring the presence of a woman witness of the locality during a search, is proposed to be modified to provide that the woman witness need not necessarily be of the locality in which the place to be searched is situated, (iv) under section 10 of the act, the provisions of section 562 of the code of criminal procedure, 1898, relating to probation and admonition are applicable to persons convicted of certain offences under the act the probation of offenders act, 1958, which was enacted subsequently, expressly provides that nothing in that act shall affect the provisions of the 1956 act as such, section 562 of code of criminal procedure, 1898, (corresponding provision of the 1973 code) continues to apply to offences under the 1956 act it is proposed to provide that in areas where the probation of offenders act is in force, that act will apply to the offences under sections 7 and 8 of the 1956 act and where it is not in force, the provisions of the code of criminal procedure would be applicable but in the state of jammu and kashmtr, where both the probation of offenders act, 1958, and the code of criminal procedure, 1973, are not applicable, it is proposed to provide for the application of the corresponding law in force in that state (v) the act does not contain any provision for wmmary trial of cases apprehended under the act, as a result; of which the disposal of cases often takes a long time this lacuna leaves enough scope for unscrupulous elements involved in the profession of commercialised prostitution to manipulate material for delaying cases in court to their advantage and defeating the purpose of the act it is, therefore, proposed to add an enabling p"ovt  sion to provide for summary trial of cases under the act the proposed provision will not, however, preclude the magistrate from adopting a regular procedure if it is considered necessary to do so in the interests of justice (vi) it is proposed to include an enabling provision for the setting up of special courts to deal with all or any of the offences under the act 2 the other amendments proposed are minor and consequential id nature p c chundd new delhi; the 27th april, 1978  financial memorandum~lause 17 of the bill w hieh proposes to insert a new section 22a in the suppression of immoral traffic in women and girls act, 1956, empowers the state governments, after consultation with the high courts concerned, to establish one or more courts of judicial magis~ates of the first-class, or, as the ease may be, of metropolitan magistira!tes for the speedy trial oj offences under the act in any district or metropolitan area expenditure in respect of special courts if and when established fot the union territories will be met from out of the consolidated fund of india this expenditure will be of a recurring nature only and is not likely to exceed rs 35,000 annually 2 the ~vis1ons ~of the bill do not involve any expenditure o:f a noq-recurring nature from·the consolidawd fund qf indi, clause 18 of the bill seeks to amend section 23 of the suppression of immoral traffic in women and girls act, 1956 so as to empower the central government to make rules to provide for the matters now being included in the act these matters relate, among other things, to the discharge of an offender under sub-section (3) of new section loa from a corrective institution and the form of licence to be granted to such offender and to provisions for the establishment, maintenance, management and superintendence of corrective institutions and the detention and keeping in such corrective institutions of persons committing certain offences under the act the matters in relation to which rules may be made under this section are matters of detail or procedure and as such the delegation of legislative power is of a normal character  extracts nom 'l'he suppression of immoral traffic in womb and gdtls act, 1956(104 ot" 1956) •• - - - -  z in this ac't:; ~less the context otherwise requires,- dejlnltions(a) "brothel" includes any house room, or place or any porlion of any house, ro<m1 or plnce, which is used for purposrea of prostitution for the gain of another person or for the mutual gain of twei or more prostitutes; - - - - (c) "magistrate" means a district magistrate, a sub-divisional magistrate, a presidency magistrate, or a magistrate qf the first class specially empowered by the state government, by notification in the official gazette, to exercise jurisdiction under this act; - - - - - (e) "prostitute" means a female who offers her body for promiscuous sexual intercourse for hire, whether in money qr in kind; (f) "prostitution" means the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind; (g) iiprotective home" means an insititution, by whatever name called, in which women and girls may be kept in pursuance of this act and includes-(i) a shelter where female undertrials may be kept in pursuance of this act; and (ii) a corrective institution in which women and girls rescu-ed and detained under this act may be imparted such training and instruction and subjected to such disciplinary and moral influences as are likely to conduce to their reformation and the prevention of offences under 'this act; - - - - - 4 (1) - - - - - (2) where any person is proved-(a) to be living with, or to be habitually in the company of, a prostitute; or ' punishment for living on the earnings of prostitution (b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding abetting or compelling her prostitution; or  (c) to be acting as a tout or pimp on behalf of a pr08titutt,it shall be presumed, until the contrary :s proved, that such person i~ knowingly living on the earnings of prostit\ltion of another person within the 'meaning ,of sub-section (1): provided that no such presumption shall be drawn in tht case of a son or daughter of a prostitute, if the son or daughter is below the age of eigh teen years - - - - prostitution in at in the vi· cinity of public ph'ce!j 1~ (1) any woman or girl who carries on prostitution, :md the person with whom such prostitution is carried on, in any premises which are within a distance of two hundred yards qf any place of public religious worship, educational institution, hostel, hospital, nursing home or such otht!r public place of any kind as may be notified in this behalf by the commissioner of police or district magjstrate in the manner prescribed, shall be punishable with imprisonment for a term whic:-h may extend to three months    - seduction of a woman or jlrl in custody 9 (1) any person who having the custody, charge or care of any woman or girl, causes or aids or abets the seduction for prostitution of that woman or girl shall be punishable on first conviction with rigorous! imprisonment for a tenn of not less than one year and not more than three years,· and also with fine which may extend to one thousand rupees    - - 10 (1) (a) a person convicted for the first time of any qffence under sub-section  (2) of section 3, or under ~tion 4, section 5, section 7 or section 8 may, having regard to his age, character, antecedents and the circumst&l'lces in which 'the offence was committed,' be released by the , • probation of good conduct ane! detention in protective home 5 ot 1898, ~rt',beforewhioh he is convicted on probation of good conduct in the manner provided in iub-section (0 of section 562 of the code of criminal procedure, 1898 " , (b) a personconvict$d for the flrst time of any offence under section 7 or section 8 may, having regard ro hi& a,ge, character, antecedents and the circud"stances in which the offence was committed, also be released with admonition in the manner provided for in sub-section (la) of seetlon' '56! of the code of criminal procedure, 1898  i of 1898, 5 of 1898 (c) theprovisiojils of t;ub-section (2); sub-section (3) and sub-section (4) -of sec'tion 562 llnd section 563 and section 564 of the code of criminal protedute, 1898; shall apply to eases -referred to in clause (a) and cllu!ie (b) ,  (2) where a woman or girl is convicted of any offence under section 7 qr section 8 and is not rel'nlsed under clause (a) of sub-section (1) on probation of good cbnduct or under clause (b) of that sub-section with admonition,the court convicting the woman or girl may, having regard to the age, c~racter', antecede-nts of the wdman or girl and the circumstanctis in which the offence was corrlmitted, pass 'in lieu of the sentence of  ' , , imprisonnlent or fine, a sentence of detention in a protective home for a period of not ~s than two years and not more than five years (3) notwithstanding anything contained in the code of criminal procedure, 1898, or any other law for the time being in force, no person coil-- of 1898 victed under sub-section (1) 01 section 3 or under section 6 or section 9 shah be released on probation or with admonition - - - - - 12 (1) ' - - - - security for i('od behaviour from babitual offenders - of 1891 (4) when a magistrate receives information from the police or other4 wise that any person within the local limits of his jurisdiction habitually commits, or attempts to commit, or abets the commission of, any offence under this act, such magistrate may require such person to show cause why he should not be ordered to execute a bond with sureties for his good behaviour for such period not exceeding three years as the ma,istrate thinks fit and thereupon the provisions of sections 112 to 126 of the code of criminal procedure, 1898, shall apply in such a case  - - - - - 13 (1) - - - - - (2) the special police ~mcer &hall not be below the rank of-special police oftlcer and advisory body (a) an assistant commissioner of police in the presidencj towns of madras and calcutta; (b) a superintendent of· police in the presidency town of bombay; and (c) a deputy superintendent of folice elsewhere  - - - - - 14 nljtwithstanding anything containc:-d, in the code of criminal pr0-cedure, 1898, any offence punishable under this act shall be deemed to 5 of 1888 be a cognizable offence within the meaning of that code: otlence to be cognizable provided that, notwithstanding anything contained in that code,-(i) arrest without warrant may be made only by the special police officer or under his direction ol'guidance, or subject to his prior approval; (ii) when the special police officer requires any oftlcer- subordinate to him to arrest without warrant othcl'wise than in his presence any person tor an offence under this act, he shall give that 8ubordinate officer an order in writing, specifying the person to be arrested and the offence foe which the arrest is being made; and the latter o,fficer before arresting the person shall infonn him of the substarde of the order and, on being required by such person, show him the order; , (iii) any police officer not below the rank of inspector specially authqrlsed by the special police officer may, if he has reason to believe that on account of dehly involved in ol1taining the order of the spee[al police offtcer, any vduable evidence relating to any offence uiider this act is likely to he destroyed or concealed, or the person who has committed or is sllspected to have committed the offence ii likely to; elcam at' if the name and address of such a person is unknown or there is reason to suspect that a false name or address has been given, arrest the person concerned witho\lc such order, but in such a case he shall report, as soon as may be, to the special police ofhcer the arrest and the circumstances in which the arrest was made 15 (1) -                              -                                               -                                                               -                                                                               - search without warrant (2) before making a search under sub-section (1), the special police ofilcer shall call upon two or more respectable inhabitants (at least one of whom shall be a woman) of the locality in which the place to be searched is situate, to attend and witness the search, and may issue an order in writing to them or any of them 80 to do - - - - - (4) the special police officer entering any premises under sub-sectio) (1) shall be entitled to remove therefrom any girl, if in his opinion she is under the age of twenty-one years and is carrying on or is being made to carry on, or attempts are being made to make her carryon, prostfiution (5) the special police ofticer, after removing the girl under sub-s~ tion (4) shall forthwith produce her before the appropriate magistrate - - - - - 16 (1) where a magistrate has reason to believe, from lnformatiod rescue of received from the police or otherwise, that a girl apparently under the iirl age of twenty-one years, is living, or is carrying on, or is being made to carryon prostitution, in a brothel, he may direct the special police officer to enter such brothel, and to remove therefrom such girl and produce her before him (2) the special police officer after removing the girl shall forthwith ~roduce her before the magistrate issuing the order 1'7 (1) when the special police officer removing a girl under subsection (4) of section is or rescuing a girl under sub-section (1) of sectien 16, fails to produce her immediately before the magistrate as required by sub-section (5) of section 15 or sub-section (2) of section 16, he shall forthwith produce her before the nearest magistrate of any class, who shall pass such orders as he deems proper for her safe custody until she is produced before the appropriate magistrate intermediate custody ot girls removed under lect10n 15 or rescued under section 16 (2) when the girl is produced before the appropriate magistrate he shall, after giving the girl an opportunity of beidg heard, cause an enquiry to be made as to the correctness of the information received under sub-section (1) of section 16 and the age of the girl and, if satisfied that the information received is correct and the girl is under the age of twentyone years, he may, subject to the provisions ot the next sub-section, make an order that such girl be detained for such period as may be specified in the order in a protective home or such other custody as he, for reasons to be recorded in writing, shall consider suitable: provided that such custody shall not be that of a person, of body ot persons, of a religious persuasion different from that·of the girl (3) in discharging his functions under subsection (2), a magistrate q&a)' summon a panel of five respectable person!!, three of wholll shall ~berever practicable be women, to assist him; and may for this purpose keep a list of experienced social welfare workers, particularly women social weliare workers, in the field of suppression of immoraltrafttq in women and girls (4) against every order under sub-section (2) a,n appeal iihall lie, ki th~ sessions judge whosb qecision on 'such appeal shall be final closure of brothel anii evktlonof offenders from the premilel 18 (1) a magistrate may, on receipt of information from the police or otherwise, that any house, room, place or any portion thereof within a distance of two hundred yards of any public place referred to in sublection (1) of section 7, is being run or useq as a brothel by any person, or is being used by proltitutesfor carrying on their trade, issue notice on the owner, lessor or landlord of such house, room, place or portion or the agent of the owner, lessor or landlord' or on the tenant, jessee occupier of, or any other person in charge of such house, room, place, or portion, to show cause within seven days of the receipt of the notice _)ly the saine should not be attached for improper user thereof; and if, a1ier hearing the person concerned, the magistrate is satisfied that the house, room, place, or portion is being used as a brothel or for carrying on prostitution, then the magistrate may pass orders-,  ('4) directing eviction of the occupier within seven days of : the  passing of the order from the house, room, place, or portiod; (1)>) directing that before letting it out during the period of ahe year immediately after the passing of the order, the owner, lessoj; or lal'ldlord or the agent of the owner, lessor or landlord ~han obtain the previous approval 01 the magistrate:  , provided that, if the magistrate finds that the: owner, lessor or landlord as well as the agent of the owner, lessor or landlbrd, was innocent of the improper user of the house, room, place or portion, he may cauae the sam~ to be restored to the owner, lessor or landlord, or the ,aa of the 0vvli8l, lessor or landlord, with a direction that the house, rqam,place or portion shall no~ be leased out, or otherwise given po~s~ssifm of, :to qr for the be~efit of the person who was allowing the irpproper user there~ - - - , - /  'it (n a 'woman or girl who is carrying on, oris being mad~ tocill'l'y on, prostitution may make an application to the magistrate within: the local limits of whose jurisdiction she is carrying on, or is being made to carry on, prostitution, for an order that she ·may be kept in a prot~tive _me f· apptid tion for bem, keptjaa protectt home ) jr ' (2) if after· hearing the applioant and making such ihquiryas he may acmsider necessary, the magistrate is satisfied that an order 'should be mmie under this section, then, he shall make an order,for reasons to be 1'ecbrded, that the applicant be kept in a protective homp for such pcri6[1  may be specified in the order, - - - - 21 (1) the state government may in its discretion establish as man, protective homes under this act as it thinks fit and such homes, when tbblilhedi shall be maintained in such manner as may be prescribed (2) no person or no authority other than the state government shall, after the commencement of this act, establish or maintain any protective' home except under and' in accordance with the conditions of, a licence issued under this section by the stat,e government ' ,<:: (3) tb,e state ,government may, on application made to it in this behalf by a'person or authority, issue to such person or authority a licence in the prescribed form ,for ~bli8hing and maintaining or as the ,cue may be, for maintaining a protective home and a licence so issued may contain such conditions as the state government may think fit to impose in accordance with the rules made under this act: provided that any such condition may require that the management of '1ibe protective 'home shall, wherever practicable, be entrusted to women: provided further that a person or authority mainfaining any protective home at the commencement of this act shall be allowed a period of six months from such commencement to make an application for such licence - - - - - (7) where any person or authority to whom a licence has been granted under this act or any agent or servant of such person or authority commits a breach of any of the conditions thereof or any of the provisions of this act or of any of the rules made under this act, or where the state government is not satisfied with the condition, management or superii;ltendence ot any protective hollile, the state government may, without prejudice to any other penalty which may have been incurred under this act, for reasons to be recorded, revoke the licence by order in writing: provided that no such order shall be made until an opportunity is given to the holder of the licence to show cause why the licence shall not be revoked (8) where a licence in respect of a protective home has been revoked wlder the foregoing'sub-section such protective home shall cease to function 'from the date of such revocation  - - - - , " (10) whoever establishes or maintains a protective home except in 'lc;cordance with the' provisions of this section, shall be punishable in the case of a first offence with fine which may extend to one thousand rupees and in the case of second or subsequent offence with imprisonment' for a 'term which may extend to one year, or with fine which may 'extend to' two thousand' rupees, or with both  trials  ' 22, no court" inferior to that of a magistrate as defined in clause (e) of section 2 shall try any offence under section 3, section 4, section 5, section 6, section 7 or section 8 rules (2) in particular, and without prejudice to the generality of the foreloing powers, such rules may provide for-- - - - - (b) the placing in custody of women and girls released under sub-section (1) of section 10 or for whose safe custody orders have been passed under sub-section (1) of section 17 and their maintenance; (c) the detention and keeping in protective homes of women and girls under sub-section (2) of section 10, sub-section (2) of section 17 and section 19 and their maintenance; - - - - - (g) (i) the establishment, maintenance, management and super tntendence of protective homes and the appointment, powers and duties of persons employed in such homes; (ii) the form in which an application for a licence may be made and the particulars to be contained in such application; (iii) the procedure for the issue or renewal of a licence, the time within which such licence shall be tblued or renewed and the procedure to be followed in making a full and complete investi· gation in respect of an application for a licence; (iv) the form of a licence and the conditions to be specified therein;  (v) the manner in which the accounts of a protective home "hlul be maintained and audited; (vi) the maintenance of registers and statements by a licent~ and the form of such registers and statements; (vii) the care, treatment, maintenance, training, instruction, control and discipline of the inmates of protective homes; (viii) the visits to and communication with such inmates; (ix) the temporary detention of· women and girls sentenced fa detention in protective homes until arrangements are made for send· ing them to such homes; (x) the transfer of a woman or girl from one protective home to another; (xi) the transfer in pursuance of an order of the court from a protective home to a prison of a woman or girl found to be incorrigible or exercising bad infiuence upon other inmates of the protective home and the period of her detention in such prison; (xii) the transfer to a protective home of women or girls sentenced under section 7 or section 8 and the period o~ their detention in such home; (xiii) the discharge of inmates from a protect;ve home either absolutely or subject to conditions, and their arrest in the event af breach of such conditions; (xiv) the grant of permission to inmates to absent themse'lves for short periods; (%t1) the inspection of protective homes and other institutlolll id which women and girls may be kept, detained and maintained; - - - - - i •• -  extract from the probation 01' orrenders ar:r, 1958(20 of 1958) - - - -  18 nothing in this act shall affect the provisions of section 31 of the 8 of 1897 reformatory schools act, 1897, or sub-section (2) of section 5 of the 2 of 1947 prevention of corruption act, 1947 or the suppression of immoral trame saving oioper •• tion of certain enactmenta - 104 of 1958 in women and girls act, 1956, or of any law in force in any state relating to juvenile offenders or horstal schools - - - - -  a billto amend the suppression of immoral traffic in women and girls act, 1956 (shri pratap chandra chume1"t -  minister of education, ~ social welfare and culture), 