Report No. 64

5.4. Section 4-Analysis.-

That takes us to section 4, which punishes a person over 18 years who knowingly lives on the earnings of prostitution. This is one of the important sections of the Act. It consists of two sub-sections and a proviso. Sub-section (1) is the operative part of the section, and provides that the offence falling under it shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both. There are two ingredients of the offence prescribed by this sub-section. The first is that the offender must be a person above the age of 18 years, and the second that he must knowingly live, wholly or in part, on the earnings of prostitution of a woman or girl. When these two ingredients are proved, the offence is committed and the offender is liable to be punished as prescribed.

Sub-section (2) of section 4 lays down a rule of evidence under which a rebuttable presumption can be drawn by the Court that persons falling under clauses (a), (b) or (c) of sub-section (2) shall be presumed to be knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1); in other words, where any person falls under one or the other of the three categories prescribed by clauses (a), (b) and (c) of sub-section (2), a rebuttable presumption can be drawn against him that he satisfies the second essential ingredient of sub-section (1).