Report No. 64
4.10. Suggestion to delete not accepted - Powers of Magistrates enumerated.-
It has been suggested,1 that section 2(c), which we have quoted above,2 should be deleted. The reason given is that the restriction is unnecessary. It creates difficulties in the matter of rescue work, searches and arrests. The suggestion does not, unfortunately, take account of the detailed provision as to various powers of Magistrates. It appears to us that the matter will require examination with reference to each section in view of separation of judiciary. The expression "Magistrate" occurs in the following sections of the Suppression of Immoral Traffic Act:
Section |
Gist of the section |
7(1) |
Prostitution in or in the vicinity of public place-public place to be notified by District magistrate. |
11(4) |
rial for breach of the requirements to notify address by a previously convicted offender. |
12(4) |
Security for good behaviour from habitual offenders. |
15(5) |
Search without warrant. |
16 |
Rescue for girl. |
17 |
Intermediate custody of girls removed under section 15 or rescued under section 16. |
18(1)(3) and (4) |
Closure of brothels and eviction of offenders from premises. |
19 |
Application for being kept in a protective home. |
20(1) and (3) |
Removal of prostitution from any place. |
22 |
Trials. |
1. Suggestion of the Central Bureau of Correction Services.
2. Para. 4.9, supra.