THE
WEST PAKISTAN SUPPRESSION OF PROSTITUTION
ORDINANCE, 1961.
WEST PAKISTAN ODINANCE II OF 1961.
[7th January, 1961.]
AN
ORDINANCE
to amend and consolidate the law relating to the suppression of prostitution in the Province of West Pakistan.
ORDINANCE, 1961.
WEST PAKISTAN ODINANCE II OF 1961.
[7th January, 1961.]
AN
ORDINANCE
to amend and consolidate the law relating to the suppression of prostitution in the Province of West Pakistan.
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WHEREAS it is expedient to amend and consolidate the law relating to the suppression of prostitution in the Province of West Pakistan; |
Preamble.
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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.—
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1. (1)
This Ordinance may be called the West Pakistan;
Suppression of Prostitution Ordinance, 1961.
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Short title and extent.
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1[(2) It extends to the whole of
the ?[North-West Frontier Province] except the Tribal Areas.
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2. In this Ordinance unless the
context otherwise requires, the following expressions to them that is to say—
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Definitions.
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3[(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 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;
(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 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;
- Subs, by W. P. Ord. XXXVI of 1963 s. 2.
- In section 1, sub-section (2) the words "Province
of West Pakistan", the words "North-West Frontier Province"
substituted by N.W.F.P. Adaptation of laws order, 1970.
- Subs by W.P. Act No. II of 1968.
Suppression
of Prostitution [1961, W. P. ORD. II]
(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, coffeehouse, liquor house boarding-house, lodging-house, hotel, serai or tavern, or wine, beer, spirit, arrack, toddy, bhang or opium shop;
(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, coffeehouse, liquor house boarding-house, lodging-house, hotel, serai or tavern, or wine, beer, spirit, arrack, toddy, bhang or opium shop;
- "prostitution" means promiscuous sexual
intercourse for hire, whether in money or kind;
- "prostitute" means
any female available or known to be
available for purposes of prostitution;
- "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 there of, 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.
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Punishment for keeping a brothel
or allowing any place to be used as a brothel.
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3.
(1) Whoever—
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(a) keeps or manages or acts or
knowingly finances or takes part in the financing of, or asists 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 there of 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, 1[and] with fine, which may extend to one thousand rupees, 2[ ....].
(b) being a tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part there of 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, 1[and] with fine, which may extend to one thousand rupees, 2[ ....].
(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 premise s 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.
1 In section-3,
in sub-section (1) after the words "two years" the word
"or" the word “and", substituted by W.P. Act.
II or 1968, s. 3.
2. in the same sub-section, after the words "One thousand rupees", the words "or with both' ' , omitted . . .. ibid .
1961, . P.V.W. ORD.II Suppression of Prostitution
2. in the same sub-section, after the words "One thousand rupees", the words "or with both' ' , omitted . . .. ibid .
1961, . P.V.W. ORD.II Suppression of Prostitution
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4. Whoever in any street or public place or place of public Punishment to 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,— |
Punishment for soliciting.
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(a) by words, gestures, wilful and indecent exposure of her
person or otherwise attracts or endeavours to attract attention for the prupose
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.
(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.
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5. 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. |
Punishment for permitting
prostitution in places of public amusement.
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6. (1)
Whoever being above the age of eighteen years—
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Punishment for living on earnings
of prostitution.
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(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.
(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.
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(2) 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. |
Presumption .
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- Insection-6. in sub-section (1) after the words
"two years", the word "or", the word “and”, subs. by
W. P. Act II of ] 968, s. 3 and
2. In
the same sub-section (1), the words "or with both", omitted. ...ibid-
12 Suppression of Prostitution 1961, W. P. ORD. II
12 Suppression of Prostitution 1961, W. P. ORD. II
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Punishment for causing, encouraging or abetting prostitution of a girl under sixteen. |
7. If any person having custody,
charge or care of any girl under the age of sixteen years, causes or
encourages or abets the f seduction or prostitution of that girl, he shall be
punished with rigorous imprisonment for a term which may extend to three
years, 1 [and] with fine which may extend to one thousand rupees,
and if the person convicted is a male,
shall also be liable to
whipping.
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Punishment for procuration.
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8. 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, 2[shall be punished with rigorous imprisonment for a term which
may extend to twenty five years and shall also be liable to fine and whipping
not exceeding thrity stripes.]
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Punishment for importing any woman
or girl for prostitution.
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9. Whoever brings or attempts to bring
into the Province any woman or girl with a view to her becoming a prostitute
2[shall be punished with rigorous imprisonment for a term which may extend to
twenty five years and shall also be liable to fine an whipping not exceeding
thirty stripes.]
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Punishment for keeping any woman
or girl for prostitution.
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10. (1)
Whoever—
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(a) keeps any woman or girl in a brothel, or
(6) 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,
2[shall be punished with death or rigorous imprisonment for a term which may extend to twenty five years and shall also be liable to fine and whipping not exceeding thirty stripes.!
(6) 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,
2[shall be punished with death or rigorous imprisonment for a term which may extend to twenty five years and shall also be liable to fine and whipping not exceeding thirty stripes.!
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Presumption. |
(2) A person shall be presumed to
detain a woman or girl in any place for the purpose referred to in clause (b)
of subsection (1), if such person, with intent to compel or induce her to
remain there—
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(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.
(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.
- Subs by W.P. Act No. II of 1968.
- Substitute! by XWFP Ordinance- No, III of 1985. s. 2.
read with the schedule.
1961,
W. P. ORD, II Suppression of Prostitution
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(3) No legal proceedings, whether
civil or criminal, shall betaken against any such .woman or girl for taking
away or being found in possession of any such clothing as was necessary to
enable her to leave such premises or brothel.
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Bar of certain legal proceedings.
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11. (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.
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Subsequent offence under section
3.
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(2) The provisions of Chapters
VIII and XLTI of the Code of Criminal Procedure, 1898, shall apply to orders
made for the execution of bonds under this section.
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12. (1) On conviction of any
tenant, lessee or occupier of an offence under sub-section(l) 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.
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Determination of tenancy of
premises on conviction for permitting use as a brothel or for purposes of
habitual prostitution.
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(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 orders shall be
served on the person against whom it is made in the manner provided in the Code
of Criminal Procedure, 1898, 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.
Suppression of Prostitution 1961, W. P. ORD.II
(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 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.
(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.
Suppression of Prostitution 1961, W. P. ORD.II
(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 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.
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Power to arrest with out warrant. |
1[13. If complaint is made to any
Gazetted Police Officer about the commission of any offence punishable under
sections 3, 4, 5, 6-[or], 7, 3[ ] or if any such offence is
committed in the view of any Police Officer not below the rank of
Superintendent of Police, such officer may arrest, without warrent, any
person accused of the commission of such offence.]
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Power to enter with out warrant
and remove al of minor girls.
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14. 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.
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(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.
(b) that a woman or girl in respect of whom an offence under this Ordinance has been committed, is to be found therein.
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Offences triable by certain Magistrates only. |
15. No offence under
this Ordinance shall be tried summarily, or by a Magistrate below the rank of
a Magistrate of the first class.
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Power to make rules.
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16.
The Provincial Government may
make rules for carrying into effect the provisions of this
Ordinance.
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1.
Section 13 substituted by W.P. Act No. II of 1968, s. 9.
2. Subs by N.W.F.P. Ord. No. III of 1985.
3. Omitted by N.W-F.P. Ord. III of 19S5 read, with Schedule
2. Subs by N.W.F.P. Ord. No. III of 1985.
3. Omitted by N.W-F.P. Ord. III of 19S5 read, with Schedule
1961,
W. P. ORD. II Suppression of
Prostitution
17. (1) The following enactments are hereby repealed:—
1[I, II, IV, V]
(iii) the N.W.F.P. Ant prostitution and suppression of Brothels Act 1937.
(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.
17. (1) The following enactments are hereby repealed:—
1[I, II, IV, V]
(iii) the N.W.F.P. Ant prostitution and suppression of Brothels Act 1937.
(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.
1.
clauses I, II, IV, V omitted by NWFP. A.L.O. 1975.
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