Report No. 64
4.18. Section 2(f)-'prostitution'.-
Section 2(f) defines "prostitution" as meaning the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind. The Committee1 recommended the insertion of a presumption in this clause also, to the effect that where a female offers her body for promiscuous sexual intercourse, it may be presumed that she does so with the expectation of a reward in form of money or kind. Our comments with reference to section 2(e)2 apply to this suggestion of the Committee also. There is another suggestion in which the following re-draft of clause (g) of section 2 has been suggested3:-
"prostitution' means the act of a female offering her body for indiscriminate lewdness for hire, whether in money or in kind offered immediately or otherwise, and includes the indulgence of a male in such an offer." The reason given in support of the suggestion is, that immediate payment (which is required by the present definition) or promiscuous intercourse, is difficult to prove. Hence, it should be provided that the payment may be offered immediately or otherwise. A fresh criterion, viz., that of the indulgence of the male, has also been proposed to be added.
It is stated that logically, there can be no prostitution if there is merely an offer. Even in common parlance the term 'prostitution' signifies both the offer and the participation in the same, and involves the male as well as the female. This change will, it is stated, have a significant effect in helping the prosecution. At present, there may be circumstantial proof of indulgence in prostitution with the client on the spot, but the prosecution finds it difficult to establish such intention, if the woman involved has disappeared. This kind of circumstantial evidence, it is stated, is very necessary for the effective implementation of the Act.
1. Report of the Committee on amendments to the Suppression etc. Act, para. 5.3, Recommendation No. 3.
2. See discussion as to section 2(e), para. 4.15, supra.
3. Suggestion of the Central Bureau of Correctional Services.
