Prevention of

Immoral trafficking
Act 1986

By Rupaksh sharma
Punishments under PITA
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● The punishments imposed under the act are varied and can be found in sections 3-9, 11, 18, 20 and 21.
The offences punishable are keeping and using of premises as a brothel, living on the income earned via
prostitution, pimping or else soliciting for prostitution, seducing a person in custody and prostitution in
a public area etc. an offence punishable under the act.
● Section 3 punishes any person with rigorous imprisonment who keeps or allows premises to be used as a
brothel. The manager of a brothel shall get a punishment between one year to three years with a fine of
Rs. 2000 on first conviction and for subsequent conviction the punishment shall be between two to five
years with the same amount of fine. As per sub-section (2) an owner-tenant, lessor-lessee or landlord-
occupier shall be punished with at least two years with a fine of Rs. 2000 on first conviction and for
subsequent conviction the punishment may be enhanced to five years with a fine. A conviction from
section 3 makes the lease of the place invalid where brothel was run.
● As per section 4, a person living his life from the money made by a prostitute can be imprisoned for two
years or a fine of Rs. 1000 or both and if found such earning is made from prostituting a child or a
minor then it can go up to ten years no less than seven years of imprisonment shall be served. One
requisite of this section is that a person should be above the age of eighteen. Examples of section 4 are
pimp, tout, a person habitually living with a prostitute etc. Section 3 and 4 do not apply to the
customers of a prostitute.
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● The Bombay High Court in Bindo Ganesh Patil v. The State of Maharashtra:
MANU/MH/2420/2018 has clearly said that “Section 5 of the PITA pertains to procuring,
inducing or taking [person] for the sake of prostitution. This offence is complete when a person
procures another person for prostitution or induces such person to go from any place with intent
that such person becomes the inmate of a brothel or to take such a person from one place to
another to carry on prostitution.” The punishment is rigorous imprisonment of 3 to 7 years with
Rs. 2000 fine. If it is done against a persons’ will or is minor then between seven to fourteen
years and if the same is done with a child then it is seven years to life imprisonment.
● Section 6 allows the court to punish a person detained in any place used for prostitution for
seven to ten years imprisonment of either description along with fine. The court has to provide
special reasons if the punishment of fewer than seven years has been given to the accused. No
legal proceedings would lie against any woman who has been detained under such premises by
the detainer. There are certain presumptions in section 6 like:
○ A child in a brothel found to have been sexually abused then she has been detained for purpose of
prostitution, or
○ It is presumed under sub-section (3) that a woman is detained for sex if a person withholds her property like
jewellery or induces her with the threat of legal proceedings if she dares to take away her property.
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● Section 7 (1) bars people to carry on prostitution within a specified area, violation of this
provision leads to the imprisonment of three months. However, the punishment changes
to seven to ten years with fine if prostitution is committed within such specified areas
with a child or a minor. Any punishment less than seven years shall be recorded with
special reasons in the judgement.
● Section 7 (2) not only prohibits owner-tenant, lessor-lessee or landlord-occupier or agent
but even the keeper of a public place like hotels prostitution in public vicinity. For the first
conviction, the punishment is three months with a fine of Rs. 200 and for subsequent
conviction, it is six months with a fine. The licence of the hotel where prostitution is
carried can be cancelled for a period not less than three months to one year. However, if a
child or a minor is found in such hotel for prostitution then the licence can be cancelled
forever.
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● Seduction or solicitation in public places whether from within a house or not amounts to an
imprisonment of six months with fine on first conviction which increases to one year for
subsequent conviction under section 8. The word ‘solicit’ has the essential import of an oral
entreaty or persuasion for prostitution.
● Custodial prostitution leads to the imprisonment of either description for a term of seven years
to life or ten years with fine as per section 9. Any punishment less than seven years needs to be
justified by giving special reasons.
● If a previously convicted offender gets convicted committing an offence under PITA within five
years from his release then the court at the time of passing sentence can ask for the notification
of his residence as per section 23 for 5 years from the date his sentence has come to an end. This
order shall be rendered void if such conviction is overturned by a higher Court.
● When the directions passed under section 18 (1)(b) is flouted then the owner, landlord or lessor
can get a fine up to Rs. 500 and if the proviso of the abovementioned provision is not adhered to
then an offence is set to have been committed as per section 3 (2) (b) or section 7 (2) (c) of PITA.
● Any prostitute removed from a place and defying the orders of magistrate passed under section
20 shall be fined Rs. 200 and if it continues then she will be liable to a fine of Rs. 20 daily.
● A protective home or a corrective institution must adhere to the terms of its licence. A
contravention of the same attracts a fine of Rs. 1000 for the first time and subsequent conviction
it is single year imprisonment or Rs. 2000 fine or even both