PUNJAB SUPPRESSION OF PROSTITUTION ORDINANCE, 1961
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THE PUNJAB SUPPRESSION OF PROSTITUTION ORDINANCE, 1961 (II of 1961)
TEXT 1THE 2[PUNJAB] SUPPRESSION OF PROSTITUTION ORDINANCE, 1961 (II of 1961) [7 January 1961] An Ordinance to amend and consolidate the law relating to the suppression of prostitution in the Province of 3[the Punjab]. Preamble.– WHEREAS it is expedient to amend and consolidate the law relating to the suppression of prostitution in the Province of 4[the Punjab];
NOW, THEREFORE, in pursuance of the Presidential Proclamation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance:–
Section 1. Short title and extent
(1) This Ordinance may be called the 5[Punjab] Suppression of Prostitution Ordinance, 1961.
6[(2) It extends to the whole of the Province of 7[the Punjab], except the Tribal Areas.]
Section 2. Definitions
In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say– 8[(a) “brothel” means any house, part of a house, room or place in which a prostitute resides or carries on prostitution or any place or institution where facilities are known to be available for prostitution;]
(b) “place of public amusement” shall mean 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
1In pursuance of the Presidential Proclamation the seventh day of October, 1958, this Ordinance was promulgated by the Governor of West Pakistan on September 29, 1960 and published in the Gazette of West Pakistan (Extraordinary), dated January 7, 1961, pp. 75-82; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 2.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule.
8Substituted by the West Pakistan Suppression of Prostitution (Amendment) Act, 1968 (II of 1968), published in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 2.
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 shall include a race-course, circus, theatre, music hall, billiard-room, bagatelle-room, gymnasium or fencing school;
(c) “place of public entertainment” shall mean 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 shall include a refreshment-room, eating-house, coffee-house, liquor-house, boarding-house, lodging-house, hotel, serai or tavern, or wine, beer, spirit, arrack, toddy, bhang or opium shop;
(d) “prostitution” means promiscuous sexual intercourse for hire, whether in money or kind;
(e) “prostitute” means any female available or known to be available for purposes of prostitution;
(f) “public place” includes site of any hut, bazar, mela, exhibition, any river bank, dock, jetty or ware-house to which the public have access, every public building, garden or monument and the precincts thereof, every place of public amusement or entertainment, and every place accessible to the public for drawing water, washing or bathing or for purposes of recreation 1[.]
Section 3. Punishment for keeping a brothel or allowing any place to be used as a brothel
(1) Whoever–
(a) keeps or manages or acts or knowingly finances or takes part in the financing of, or assists in, the management of a brothel, or
(b) being a 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 a lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that it 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, 2[and] with fine, which may extend to one thousand rupees 3[* * *].
(2) Where, in any prosecution of a tenant, lessee, occupier or person in charge of any premises under this section, it is found that such premises or any part thereof have been used as a brothel, it shall be presumed, unless the contrary is proved, that he knowingly permitted such use.
1Misprinted in the Gazette as “;”.
2Substituted for the word “or” by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1968 (II of 1968), published in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 3(i).
3Deleted the comma and the words “, or with both” by the Act ibid., s. 3(ii).
Section 4. Punishment for soliciting
Whoever in any street or public place or place of public resort or within sight of and in such manner as to be seen or heard from any street or public place, whether from within any house or building or not,–
(a) by words, gestures, wilful and indecent exposure of her person or otherwise attracts or endeavours to attract attention for the purpose of prostitution, or
(b) solicits or molests any person or loiters for the purpose of prostitution, shall for a first offence be punished with imprisonment which may extend to six months, or with fine which may extend to two hundred rupees, or with both, and for a subsequent offence with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 5. Punishment for permitting prostitution in places of public amusement
Whoever being the keeper of any place of public amusement or entertainment, knowingly permits prostitutes, for the purposes of their trade, to enter or remain in such place, shall be punished with fine which may extend to five hundred rupees.
Section 6. Punishment for living on earnings of prostitution
(1) Whoever being above the age of eighteen years–
(a) knowingly lives, wholly or in part, on the earnings of another’s prostitution, or
(b) exploits the prostitution of another person, whether with or without that person’s consent, shall be punished with imprisonment of either description for a term which may extend to two years, 1[and] with fine which may extend to one thousand rupees 2[* * *] and if the person convicted is a male he may be punished with whipping in lieu of or in addition to any other punishment provided in this sub-section.
(2) Presumption.– Where any person is proved to be living with, or to be habitually in the company of, a prostitute or is proved to have directed or exercised control or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting, compelling or exploiting her prostitution with any other person or generally, or to be keeping or managing or assisting in the management of a brothel, it shall be presumed, until the contrary is proved, that he is knowingly living on the earnings of prostitution.
Section 7. Punishment for causing, encouraging or abetting prostitution of a girl under sixteen
If any person having custody, charge or care of any girl under the age of sixteen years, causes or encourages or abets the seduction or prostitution of that girl, he shall be punished with rigorous imprisonment for a term which may extend to three years, 3[and] with fine which may extend to one thousand rupees 1[* * *] and if the person convicted is a male, shall also be liable to whipping.
1Substituted for the word “or” by the Act ibid., s. 4(i).
2Deleted the comma and the words “, or with both” by the Act ibid., s. 4(ii).
3Substituted for the word “or” by the West Pakistan Suppression of Prostitution (Amendment) Act, 1968 (II of 1968), published in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 5(i).
Section 8. Punishment for procuration
Whoever procures or entices or leads away or attempts to procure, entice or lead away any woman or girl for the purposes of prostitution, whether with or without her consent, or who with intent that she may for the purposes of prostitution become the inmate of or frequent a brothel, persuades a woman or girl to leave her usual place of abode, shall be punished with imprisonment of either description for a term which may extend to three years, 2[and] with fine which may extend to one thousand rupees 3[* * *] and if the person convicted is a male, he may be punished with whipping in lieu of or in addition to any other punishment provided in this section.
Section 9. Punishment for importing any woman or girl for prostitution
Whoever brings or attempts to bring into the Province any woman or girl with a view to her becoming a prostitute, shall be punished with imprisonment of either description for a term which may extend to three years, 4[and] with fine which may extend to one thousand rupees 5[* * *] and if the person convicted is a male, he may be punished with whipping in lieu of or in addition to any other punishment provided in this section.
Section 10. Punishment for keeping any woman or girl for prostitution
(1) Whoever–
(a) keeps any woman or girl in a brothel, or
(b) detains any woman or girl, against her will, in any place with intent that she may have sexual intercourse with any man other than her lawful husband, shall be punished with rigorous imprisonment for a term which may extend to three years, 6[and] with fine which may extend to one thousand rupees 7[* * *] and if the person convicted is a male, shall also be liable to whipping.
(2) Presumption.– A person shall be presumed to detain a woman or girl in any place for the purpose referred to in clause (b) of sub-section (1), if such person, with intent to compel or induce her to remain there,–
(a) withholds from her any jewellery, clothing or other property belonging to her, or
(b) threatens her with legal proceedings if she takes away with her any jewellery or clothing lent or supplied to her by or under the direction of such person.
(3) Bar of certain legal proceedings.– No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or
1Omitted the commas and the words “, or with both,” by the Act ibid., s. 5(ii).
2Substituted for the word “or” by the Act ibid., s. 6(i).
3Omitted the commas and the words “, or with both,” by the Act ibid., s. 6(ii).
4Substituted for the word “or” by the Act ibid., s. 7(i).
5Omitted the commas and the words “, or with both,” by the Act ibid., s. 7(ii).
6Substituted for the word “or” by the West Pakistan Suppression of Prostitution (Amendment) Act, 1968 (II of 1968), published in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 8(i).
7Omitted the commas and the words “, or with both,” by the Act ibid., s. 8(ii).
being found in possession of any such clothing as was necessary to enable her to leave such premises or brothel.
Section 11. Subsequent offence under section 3
(1) Whoever having been convicted of an offence punishable under section 3, is convicted of a subsequent offence punishable under the same section, may, in addition to the punishment provided under that section, be required by the Court to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Court may direct, and in default of executing such bond, may be imprisoned for a period not exceeding six months in addition to any punishment awarded in respect of his offence.
(2) The provisions of Chapters VIII and XLII of the Code of Criminal Procedure, 1898 1, shall apply to orders made for the execution of bonds under this section.
Section 12. Determination of tenancy of premises on conviction for permitting use as a brothel or for purposes of habitual prostitution
(1) On conviction of any tenant, lessee or occupier of an offence under sub-section (1) of section 3, the Court shall give notice thereof in writing to the landlord or lessor of such person, who shall then be entitled to require the person so convicted to assign the lease or other contract, under which the said premises are held by him, to some person approved by the landlord or lessor which approval shall not be unreasonably withheld, and in the event of the person so convicted failing within three months to assign the lease or contract, as aforesaid, the landlord or lessor shall, notwithstanding any law, contract, decree or order of a Court to the contrary, be entitled to determine the lease or other contract, but without prejudice to the rights or remedies of any party to such lease or contract accruing before the date of such determination.
(2) If the landlord or lessor determines a lease or contract of tenancy under the provisions of sub-section (1), the Court which has convicted the tenant, lessee or occupier may make an order for delivery of possession to the landlord or lessor within such time not being less than seven days as the Court may direct; and the order shall be served on the person against whom it is made in the manner provided in the Code of Criminal Procedure, 1898 2, for the service of summons.
(3) Whoever fails to comply with an order under the last preceding sub- section shall be punished with imprisonment of either description which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
(4) If the landlord or lessor, after he has received notice in writing of such conviction, fails to exercise his rights under sub-section (1), and subsequently during the subsistence of the lease or contract any such offence is again committed in respect of the premises, the landlord or lessor shall be deemed to have abetted that offence, unless he proves that he had taken all reasonable steps to prevent the recurrence of the offence.
(5) Where a landlord or lessor determines a lease or other contract under this section, and subsequently grants another lease or enters into another contract of tenancy to, with, or for the benefit of the same person, without causing to be
inserted in such lease or contract all reasonable provisions for the prevention of a
1V of 1898. 2V of 1898.
recurrence of any such offence, he shall be deemed to have failed to exercise his rights under the provisions of this section, and any such offence committed during the subsistence of the subsequent lease or contract shall be deemed, for the purpose of this section, to have been committed during the subsistence of the previous lease or contract.
Section 13. Power to arrest without warrant
1[If a complaint is made to any gazetted police officer about the commission of any offence punishable under section 3, 4, 5, 6, 7, 8, 9 or 10 or if any such offence is committed in the view of any police officer not below the rank of the Superintendent of Police, such officer may arrest, without warrant, any person accused of the commission of such offence.]
Section 14. Power to enter without warrant and removal of minor girls
The Superintendent of Police, or any gazetted police officer specially authorised in writing in this behalf by the District Magistrate, may enter any place and remove to the prescribed place any girl who appears to be under the age of eighteen years, if he has reason to believe–
(a) that an offence punishable under section 3 has been or is being committed in respect of the place; or
(b) that a woman or girl in respect of whom an offence under this Ordinance has been committed, is to be found therein.
Section 15. Offences triable by certain Magistrates only
No offence under this Ordinance shall be tried summarily, or by a Magistrate below the rank of a Magistrate of the first class.
Section 16. Power to make rules
The Provincial Government may make rules for carrying into effect the provisions of this Ordinance.
Section 17. Repeal and savings
(1) The following enactments are hereby repealed:–
(i) the Punjab Suppression of Immoral Traffic Act, 1935 2;
(ii) the Punjab Suppression of Immoral Traffic Act, 1935 3, as applicable to the former State of Bahawalpur;
(iii) the North-West Frontier Province Anti-Prostitution and Suppression of Brothels Act, 1937 4;
5[*]
(iv) the Sind Prevention of Prostitution Act, 1951 6 7[; and]
1Substituted by the West Pakistan Suppression of Prostitution (Amendment) Act, 1968 (II of 1968), published in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 9.
2Pb. IV of 1935.
3Pb. IV of 1935. 4N.W.F.P. III of 1937. 5Omitted the word “and” by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(a). 6Sind XX of 1951.
7Substituted for the full-stop by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(b).
1[(v) the Bombay Prevention of Prostitution Act, 1923, as applicable to Karachi District.]
(2) Notwithstanding the repeal of the enactments mentioned in sub-section (1), everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and order issued under any of the provisions of the said enactments shall, if not inconsistent with the provisions of this Ordinance, be continued and, so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Ordinance.
1Added by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), published in the Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(c).
Print contents from the source
CONTENTS 1. Short title and extent. 2. Definitions. 3. Punishment for keeping a brothel or allowing any place to be used as a brothel. 4. Punishment for soliciting. 5. Punishment for permitting prostitution in places of public amusement. 6. Punishment for living on earnings of prostitution. Presumption. 7. Punishment for causing, encouraging or abetting prostitution of a gir l under sixteen. 8. Punishment for procuration. 9. Punishment for importing any woman or girl for prostitution. 10. Punishment for keeping any woman or girl for prostitution. Presumption. Bar of certain legal proceedings. 11. Subsequent offence under section 3. 12. Determination of tenancy of premises on conviction for permitting use as a brothel or for purposes of habitual prostitution. 13. Power to arrest without warrant. 14. Power to enter without warrant and removal of minor girls. 15. Offences triable by certain Magistrates only. 16. Power to make rules. 17. Repeal and savings.
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THE PUNJAB SUPPRESSION OF PROSTITUTION
ORDINANCE, 1961
(II of 1961)
CONTENTS
1. Short title and extent.
2. Definitions.
3. Punishment for keeping a brothel or allowing any place to be used as a
brothel.
4. Punishment for soliciting.
5. Punishment for permitting prostitution in places of public amusement.
6. Punishment for living on earnings of prostitution.
Presumption.
7. Punishment for causing, encouraging or abetting prostitution of a gir l
under sixteen.
8. Punishment for procuration.
9. Punishment for importing any woman or girl for prostitution.
10. Punishment for keeping any woman or girl for prostitution.
Presumption.
Bar of certain legal proceedings.
11. Subsequent offence under section 3.
12. Determination of tenancy of premises on conviction for permitting use
as a brothel or for purposes of habitual prostitution.
13. Power to arrest without warrant.
14. Power to enter without warrant and removal of minor girls.
15. Offences triable by certain Magistrates only.
16. Power to make rules.
17. Repeal and savings.
TEXT
1
THE
2
[PUNJAB] SUPPRESSION OF PROSTITUTION ORDINANCE, 1961
(II of 1961)
[7 January 1961]
An
Ordinance
to amend and consolidate the law relating to the suppression of prostitution in the
Province of
3
[the Punjab].
Preamble.– WHEREAS it is expedient to amend and consolidate the law relating to
the suppression of prostitution in the Province of
4
[the Punjab];
NOW, THEREFORE , in pursuance of the Presidential Proclamation of the
seventh day of October, 1958, and having received the previous instructions of the
President, the Governor of West Pakistan is pleased, in exercise of all powers
enabling him in that behalf, to make and promulgate the following Ordinance:–
1. Short title and extent .– (1) This Ordinance may be ca lled the
5
[Punjab]
Suppression of Prostitution Ordinance, 1961.
6
[(2) It extends to the whole of the Province of
7
[the Punjab] , except the
Tribal Areas.]
2. Definitions.– In this Ordinance, unless the context otherwise requires, the
following expressions shall have the meanings hereby respectively assigned to
them, that is to say–
8
[(a) “brothel” means any house, part of a house, room or place in which a
prostitute resides or carries on prostitution or any place or institution
where facilities are known to be available for prostitution;]
(b) “place of public amusement” shall mean 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
1In pursuance of the Presidential Proclamation the seventh day of October, 1958, this Ordinance was promulgated by the
Governor of West Pakistan on Sep tember 29, 1960 and published in the Gazette of West Pakistan (Extraordinary), dated
January 7, 1961, pp. 75-82; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of
Pakistan (1962).
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab
Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), published in the
Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 2.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab
Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Schedule.
8Substituted by the West Pakistan Suppression of Prostitution (Ame ndment) Act, 1968 (II of 1968) , published in the Gazette of
West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 2.
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 shall include a race -course, circus,
theatre, music hall, billiard -room, bagatelle -room, gymnas ium or
fencing school;
(c) “place of public entertainment” shall mean 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 shall include a refreshment -room, eating -house, coffee -house,
liquor-house, boarding-house, lodging-house, hotel, serai or tavern, or
wine, beer, spirit, arrack, toddy, bhang or opium shop;
(d) “prostitution” means promiscuous sexual intercourse for hire, whether
in money or kind;
(e) “prostitute” means any female available or known to be available for
purposes of prostitution;
(f) “public place” includes site of any hut, bazar, mela, exhibition, any river
bank, dock, jetty or ware -house to which the public have access, every
public building, garden or monument and the precincts thereof, every
place of public amusement or entertainment, and every place
accessible to the public for drawing water, wa shing or bathing or for
purposes of recreation
1
[.]
3. Punishment for keeping a brothel or allowing any place to be used as a
brothel.– (1) Whoever–
(a) keeps or manages or acts or knowingly finances or takes part in the
financing of, or assists in, the management of a brothel, or
(b) being a 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 a lessor or landlord of any premises, or the agent of such lessor
or landlord, lets the same or any part thereof with the knowledge that it
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,
2
[and] with fine, which may extend to one tho usand rupees
3
[* *
*].
(2) Where, in any prosecution of a tenant, lessee, occupier or person in
charge of any premises under this section, it is found that such premises or any part
thereof have been used as a brothel, it shall be presumed, unless the con trary is
proved, that he knowingly permitted such use.
1Misprinted in the Gazette as “;”.
2Substituted for the word “or” by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1968 (II of 1968),
published in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 3(i).
3Deleted the comma and the words “, or with both” by the Act ibid., s. 3(ii).
4. Punishment for soliciting.– Whoever in any street or public place or place of
public resort or within sight of and in such manner as to be seen or heard from any
street or public place, whether from within any house or building or not,–
(a) by words, gestures, wilful and indecent exposure of her person or
otherwise attracts or endeavours to attract attention for the purpose of
prostitution, or
(b) solicits or molests any person or loiters for the pur pose of prostitution,
shall for a first offence be punished with imprisonment which may
extend to six months, or with fine which may extend to two hundred
rupees, or with both, and for a subsequent offence with imprisonment
which may extend to one year, or with fine which may extend to one
thousand rupees, or with both.
5. Punishment for permitting prostitution in places of public amusement .–
Whoever being the keeper of any place of public amusement or entertainment,
knowingly permits prostitutes, for the p urposes of their trade, to enter or remain in
such place, shall be punished with fine which may extend to five hundred rupees.
6. Punishment for living on earnings of prostitution .– (1) Whoever being
above the age of eighteen years–
(a) knowingly lives, wh olly or in part, on the earnings of another’s
prostitution, or
(b) exploits the prostitution of another person, whether with or without that
person’s consent,
shall be punished with imprisonment of either description for a term which may
extend to two years,
1
[and] with fine which may extend to one thousand rupees
2
[* * *]
and if the person convicted is a male he may be punished with whipping in lieu of or
in addition to any other punishment provided in this sub-section.
(2) Presumption.– Where any person is proved to be living with, or to be
habitually in the company of, a prostitute or is proved to have directed or exercised
control or influence over the movements of a prostitute in such a manner as to show
that he is aiding, abetting, compelling or explo iting her prostitution with any other
person or generally, or to be keeping or managing or assisting in the management of
a brothel, it shall be presumed, until the contrary is proved, that he is knowingly
living on the earnings of prostitution.
7. Punishment for causing, encouraging or abetting prostitution of a girl
under sixteen.– If any person having custody, charge or care of any girl under the
age of sixteen years, causes or encourages or abets the seduction or prostitution of
that girl, he shall be p unished with rigorous imprisonment for a term which may
extend to three years,
3
[and] with fine which may extend to one thousand rupees
1
[* *
*] and if the person convicted is a male, shall also be liable to whipping.
1Substituted for the word “or” by the Act ibid., s. 4(i).
2Deleted the comma and the words “, or with both” by the Act ibid., s. 4(ii).
3Substituted for the word “or” by the West Pakistan Suppression of Prostitution (Amendment) Act, 1968 (II of 1968), published
in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 5(i).
8. Punishment for procuration .– Whoever procures or entices or leads away
or attempts to procure, entice or lead away any woman or girl for the purposes of
prostitution, whether with or without her consent, or who with intent that she may for
the purposes of prostitution become the inmate of or frequent a brothel, persuades a
woman or girl to leave her usual place of abode, shall be punished with
imprisonment of either description for a term which may extend to three years ,
2
[and]
with fine which may extend to one thousand rupees
3
[* * *] and if the person
convicted is a male, he may be punished with whipping in lieu of or in addition to any
other punishment provided in this section.
9. Punishment for importing any woman or girl for prostitution .– Whoever
brings or attempts to bring into the Pr ovince any woman or girl with a view to her
becoming a prostitute, shall be punished with imprisonment of either description for a
term which may extend to three years,
4
[and] with fine which may extend to one
thousand rupees
5
[* * *] and if the person con victed is a male, he may be punished
with whipping in lieu of or in addition to any other punishment provided in this
section.
10. Punishment for keeping any woman or girl for prostitution .– (1)
Whoever–
(a) keeps any woman or girl in a brothel, or
(b) detains any woman or girl, against her will, in any place with intent that
she may have sexual intercourse with any man other than her lawful
husband,
shall be punished with rigorous imprisonment for a term which may extend to three
years,
6
[and] with fine wh ich may extend to one thousand rupees
7
[* * *] and if the
person convicted is a male, shall also be liable to whipping.
(2) Presumption.– A person shall be presumed to detain a woman or girl
in any place for the purpose referred to in clause ( b) of sub -section (1), if such
person, with intent to compel or induce her to remain there,–
(a) withholds from her any jewellery, clothing or other property belonging
to her, or
(b) threatens her with legal proceedings if she takes away with her any
jewellery or clothing lent or supplied to her by or under the direction of
such person.
(3) Bar of certain legal proceedings .– No legal proceedings, whether
civil or criminal, shall be taken against any such woman or girl for taking away or
1Omitted the commas and the words “, or with both,” by the Act ibid., s. 5(ii).
2Substituted for the word “or” by the Act ibid., s. 6(i).
3Omitted the commas and the words “, or with both,” by the Act ibid., s. 6(ii).
4Substituted for the word “or” by the Act ibid., s. 7(i).
5Omitted the commas and the words “, or with both,” by the Act ibid., s. 7(ii).
6Substituted for the word “or” by the West Pakistan Suppression of Prostitution (Amendment) Act, 1968 (II of 1968), published
in the Gazette of West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 8(i).
7Omitted the commas and the words “, or with both,” by the Act ibid., s. 8(ii).
being found in possession of an y such clothing as was necessary to enable her to
leave such premises or brothel.
11. Subsequent offence under section 3 .– (1) Whoever having been convicted
of an offence punishable under section 3, is convicted of a subsequent offence
punishable under the same section, may, in addition to the punishment provided under
that section, be required by the Court to execute a bond, with sureties, for his good
behaviour for such period, not exceeding three years, as the Court may direct, and in
default of executin g such bond, may be imprisoned for a period not exceeding six
months in addition to any punishment awarded in respect of his offence.
(2) The provisions of Chapters VIII and XLII of the Code of Criminal
Procedure, 1898
1
, shall apply to orders made for the execution of bonds under this
section.
12. Determination of tenancy of premises on conviction for permitting use
as a brothel or for purposes of habitual prostitution .– (1) On conviction of any
tenant, lessee or occupier of an offence under sub -section (1) of section 3, the Court
shall give notice thereof in writing to the landlord or lessor of such person, who shall
then be entitled to require the person so convicted to assign the lease or other
contract, under which the said premises are held by him, to some person approved
by the landlord or lessor which approval shall not be unreasonably withheld, and in
the event of the person so convicted failing within three months to assign the lease
or contract, as aforesaid, the landlord or lessor shall, notwithst anding any law,
contract, decree or order of a Court to the contrary, be entitled to determine the
lease or other contract, but without prejudice to the rights or remedies of any party to
such lease or contract accruing before the date of such determination.
(2) If the landlord or lessor determines a lease or contract of tenancy under
the provisions of sub-section (1), the Court which has convicted the tenant, lessee or
occupier may make an order for delivery of possession to the landlord or lessor within
such time not being less than seven days as the Court may direct; and the order shall
be served on the person against whom it is made in the manner provided in the Code
of Criminal Procedure, 1898
2
, for the service of summons.
(3) Whoever fails to comply with an order under the last preceding sub -
section shall be punished with imprisonment of either description which may extend
to one month, or with fine which may extend to two hundred rupees, or with both.
(4) If the landlord or lessor, after he has rece ived notice in writing of such
conviction, fails to exercise his rights under sub-section (1), and subsequently during
the subsistence of the lease or contract any such offence is again committed in
respect of the premises, the landlord or lessor shall be deemed to have abetted that
offence, unless he proves that he had taken all reasonable steps to prevent the
recurrence of the offence.
(5) Where a landlord or lessor determines a lease or other contract under
this section, and subsequently grants another lease or enters into another contract
of tenancy to, with, or for the benefit of the same person, without causing to be
inserted in such lease or contract all reasonable provisions for the prevention of a
1V of 1898.
2V of 1898.
recurrence of any such offence, he shall be deemed to have failed to exercise his
rights under the provisions of this section, and any such offence committed during
the subsistence of the subsequent lease or contract shall be deemed, for the
purpose of this section, to have been committed during the subsis tence of the
previous lease or contract.
13. Power to arrest without warrant .–
1
[If a complaint is made to any gazetted
police officer about the commission of any offence punishable under section 3, 4, 5,
6, 7, 8, 9 or 10 or if any such offence is committe d in the view of any police officer
not below the rank of the Superintendent of Police, such officer may arrest, without
warrant, any person accused of the commission of such offence.]
14. Power to enter without warrant and removal of minor girls .– The
Superintendent of Police, or any gazetted police officer specially authorised in writing
in this behalf by the District Magistrate, may enter any place and remove to the
prescribed place any girl who appears to be under the age of eighteen years, if he has
reason to believe–
(a) that an offence punishable under section 3 has been or is being
committed in respect of the place; or
(b) that a woman or girl in respect of whom an offence under this
Ordinance has been committed, is to be found therein.
15. Offences triable by certain Magistrates only .– No offence under this
Ordinance shall be tried summarily, or by a Magistrate below the rank of a
Magistrate of the first class.
16. Power to make rules .– The Provincial Government may make rules for
carrying into effect the provisions of this Ordinance.
17. Repeal and savings.– (1) The following enactments are hereby repealed:–
(i) the Punjab Suppression of Immoral Traffic Act, 1935
2
;
(ii) the Punjab Suppression of Immoral Traffic Act, 1935
3
, as applicable to
the former State of Bahawalpur;
(iii) the North-West Frontier Province Anti -Prostitution and Suppression of
Brothels Act, 1937
4
;
5
[*]
(iv) the Sind Prevention of Prostitution Act, 1951
6
7
[; and]
1Substituted by the West Pakistan Su ppression of Prostitution (Amendment) Act, 1968 (II of 1968), published in the Gazette of
West Pakistan (Extraordinary), dated May 31, 1968, pp. 1997-A-1997-C, s. 9.
2Pb. IV of 1935.
3Pb. IV of 1935.
4N.W.F.P. III of 1937.
5Omitted the word “and” by the We st Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963),
published in the Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(a).
6Sind XX of 1951.
7Substituted for the full-stop by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963),
published in the Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(b).
1
[(v) the Bombay Prevention of Prostitution Act, 1923, as applicable to
Karachi District.]
(2) Notwithstanding the repeal of the enactments mentioned in sub-section
(1), everything done, action taken, obligation, liability, penalty or punishment
incurred, inquiry or proceeding commenced, officer appointed or person authorise d,
jurisdiction or power conferred, rule made and order issued under any of the
provisions of the said enactments shall, if not inconsistent with the provisions of this
Ordinance, be continued and, so far as may be, be deemed to have been
respectively done , taken, incurred, commenced, appointed, authorised, conferred,
made or issued under this Ordinance.
1Added by the West Pakistan Suppression of Prostitution (Amendment) Ordinance, 1963 (XXXVI of 1963), published in the
Gazette of West Pakistan (Extraordinary), dated November 16, 1963, pp. 1425-1426, s. 3(c).This law in the library
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girl for prostitution. 10. Punishment for keeping any woman or girl for prostitution. Presumption. Bar of certain legal proceedings. 11. Subsequent offence under section 3. 12. Determination of tenancy of premises on conviction for permitting use as a brothel or for purposes of habitual prostitution. 13. Power to arrest without warrant. 14. Power to enter without warrant and removal of mino
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ct ibid., s. 8(ii). being found in possession of an y such clothing as was necessary to enable her to leave such premises or brothel. 11. Subsequent offence under section 3 .– (1) Whoever having been convicted of an offence punishable under section 3, is convicted of a subsequent offence punishable under the same section, may, in addition to the punishment provided under that section, be requi
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cessary to enable her to leave such premises or brothel. 11. Subsequent offence under section 3 .– (1) Whoever having been convicted of an offence punishable under section 3, is convicted of a subsequent offence punishable under the same section, may, in addition to the punishment provided under that section, be required by the Court to execute a bond, with sureties, for his good behaviour for
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r permitting use as a brothel or for purposes of habitual prostitution .– (1) On conviction of any tenant, lessee or occupier of an offence under sub -section (1) of section 3, the Court shall give notice thereof in writing to the landlord or lessor of such person, who shall then be entitled to require the person so convicted to assign the lease or other contract, under which the said premises ar
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or contract. 13. Power to arrest without warrant .– 1 [If a complaint is made to any gazetted police officer about the commission of any offence punishable under section 3, 4, 5, 6, 7, 8, 9 or 10 or if any such offence is committe d in the view of any police officer not below the rank of the Superintendent of Police, such officer may arrest, without warrant, any person accused of the commissi
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ce and remove to the prescribed place any girl who appears to be under the age of eighteen years, if he has reason to believe– (a) that an offence punishable under section 3 has been or is being committed in respect of the place; or (b) that a woman or girl in respect of whom an offence under this Ordinance has been committed, is to be found therein. 15. Offences triable by certain Magistrate
Provisions explicitly cited in other instruments 1
Article 225 of Constitution of the Islamic Republic of Pakistan
Cited by PUNJAB SUPPRESSION OF PROSTITUTION ORDINANCE, 1961
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Pakistan on Sep tember 29, 1960 and published in the Gazette of West Pakistan (Extraordinary), dated January 7, 1961, pp. 75-82; saved and given permanent effect by Article 225 of the Constitution of the Islamic Republic of Pakistan (1962). 2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2 read with Sc
Target heading · Constitution of the Islamic Republic of Pakistan
225. Election dispute. No election to a House or a Provincial Assembly shall be called in question except by an election petition presented to such tribunal and in such manner as may be determined by Act of 1[Majlis-e-Shoora (Parliament).]
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- 466700dfb92e3f4ca0e351fde898eeb550161a7fc008a17325292da72d6fbbbb
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- 87ebed7a2a4e0c8008ba465bb25d2b2b1b026443b8359297d0105ff0115d8379
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