The Immoral Traffic (Prevention) Act 1956 MCQ Quiz - Objective Question with Answer for The Immoral Traffic (Prevention) Act 1956 - Download Free PDF

The correct answer is Option 3

Key Points Section 8 of The Immoral Traffic (Prevention) Act, 1956 criminalizes soliciting or seducing persons for prostitution in public places. This includes words, gestures, willful exposure, loitering, or acting in a manner that causes annoyance or obstruction to the public. The punishment for the first conviction includes imprisonment up to six months or a fine up to ₹500, while subsequent convictions may lead to imprisonment up to one year and a fine. Additionally, if the offense is committed by a man, the minimum imprisonment is seven days, extendable up to three months.

The correct answer is Option 2

Key Points

• As per section 18 of the Act, if a house, room, or place near a public area is used as a brothel, the magistrate issues a notice to the owner, landlord, tenant, or occupier to justify within seven days why the property should not be attached.
• If the magistrate is satisfied that prostitution is being carried on, they can order eviction within seven days and restrict further leasing for one year without prior approval.
• If the owner or landlord was unaware of the illegal use, the premises may be returned to them with a condition that it cannot be leased to the previous occupier.
• Any lease agreement becomes void once the magistrate or court passes an order. Non-compliance with leasing restrictions can lead to a fine or prosecution under Section 3(2)(b) or Section 7(2)(c).
• Orders under this section cannot be appealed and remain valid for one year, unless a conviction under Section 3 or 7 is overturned on appeal.

The correct answer is A woman or girl who is carrying on or being made to carry on prostitution

Key Points

• As per section 19 of the Act, only a woman or girl engaged in or forced into prostitution can apply for being kept in a protective home under this section.
• The application must be made to the magistrate within whose jurisdiction the prostitution is being carried on or forced.
• The magistrate must hear the applicant and conduct an inquiry before passing an order.
• If satisfied, the magistrate must record reasons and issue an order specifying the duration of stay in the protective home.

The correct answer is Section 21

Key Points

• Section 21 of the Immoral Traffic Prevention Act deals with the 'Protective Homes'.
• The State Government has the discretion to establish and maintain protective homes and regulate their operation through licensing.
• No individual or authority can establish or maintain a protective home without a license from the State Government. Existing homes must apply for a license within six months of the Act’s commencement.
• The State Government may impose conditions on the license, including entrusting management to women, conduct an investigation before granting a license, and renew it if applied for at least 30 days before expiration. Licenses are non-transferable.
•  If a protective home violates conditions, mismanages operations, or breaches rules, the State Government can revoke the license, but only after giving the license holder a chance to explain. Once revoked, the home must cease operations immediately.
• Establishing or maintaining a protective home without a license can lead to a fine of up to ₹1,000 for the first offence and for subsequent offences, imprisonment up to one year, a fine up to ₹2,000, or both.

The correct answer is Option 2

Key Points

• Section 12 of the Immoral Traffic Prevention Act deals with the Security for good behaviour from habitual offenders.
• Requirement of Habitual Offending: The court can order a person to execute a bond for good behavior if they are found to be habitually committing, attempting, or abetting offences under the Act.
• Bond Proportional to Means: The bond amount is set based on the person’s financial capacity and may require sureties for a period not exceeding three years.
• Effect of Appeal or Revision: If the conviction is overturned on appeal, the bond automatically becomes void.
• Magistrate’s Preventive Action: A magistrate can also require a person to show cause for executing a bond based on police information about their habitual offences.
• Reference to CrPC: The provisions of Sections 112 to 126 of the Code of Criminal Procedure, 1898, apply when a magistrate issues such an order.

The correct answer is Option 3

Key Points Section 8 of The Immoral Traffic (Prevention) Act, 1956 criminalizes soliciting or seducing persons for prostitution in public places. This includes words, gestures, willful exposure, loitering, or acting in a manner that causes annoyance or obstruction to the public. The punishment for the first conviction includes imprisonment up to six months or a fine up to ₹500, while subsequent convictions may lead to imprisonment up to one year and a fine. Additionally, if the offense is committed by a man, the minimum imprisonment is seven days, extendable up to three months.

The correct answer is Option 2

Key Points

• As per section 18 of the Act, if a house, room, or place near a public area is used as a brothel, the magistrate issues a notice to the owner, landlord, tenant, or occupier to justify within seven days why the property should not be attached.
• If the magistrate is satisfied that prostitution is being carried on, they can order eviction within seven days and restrict further leasing for one year without prior approval.
• If the owner or landlord was unaware of the illegal use, the premises may be returned to them with a condition that it cannot be leased to the previous occupier.
• Any lease agreement becomes void once the magistrate or court passes an order. Non-compliance with leasing restrictions can lead to a fine or prosecution under Section 3(2)(b) or Section 7(2)(c).
• Orders under this section cannot be appealed and remain valid for one year, unless a conviction under Section 3 or 7 is overturned on appeal.

The correct answer is A woman or girl who is carrying on or being made to carry on prostitution

Key Points

• As per section 19 of the Act, only a woman or girl engaged in or forced into prostitution can apply for being kept in a protective home under this section.
• The application must be made to the magistrate within whose jurisdiction the prostitution is being carried on or forced.
• The magistrate must hear the applicant and conduct an inquiry before passing an order.
• If satisfied, the magistrate must record reasons and issue an order specifying the duration of stay in the protective home.

The correct answer is Section 21

Key Points

• Section 21 of the Immoral Traffic Prevention Act deals with the 'Protective Homes'.
• The State Government has the discretion to establish and maintain protective homes and regulate their operation through licensing.
• No individual or authority can establish or maintain a protective home without a license from the State Government. Existing homes must apply for a license within six months of the Act’s commencement.
• The State Government may impose conditions on the license, including entrusting management to women, conduct an investigation before granting a license, and renew it if applied for at least 30 days before expiration. Licenses are non-transferable.
•  If a protective home violates conditions, mismanages operations, or breaches rules, the State Government can revoke the license, but only after giving the license holder a chance to explain. Once revoked, the home must cease operations immediately.
• Establishing or maintaining a protective home without a license can lead to a fine of up to ₹1,000 for the first offence and for subsequent offences, imprisonment up to one year, a fine up to ₹2,000, or both.

The correct answer is Option 2

Key Points

• Section 12 of the Immoral Traffic Prevention Act deals with the Security for good behaviour from habitual offenders.
• Requirement of Habitual Offending: The court can order a person to execute a bond for good behavior if they are found to be habitually committing, attempting, or abetting offences under the Act.
• Bond Proportional to Means: The bond amount is set based on the person’s financial capacity and may require sureties for a period not exceeding three years.
• Effect of Appeal or Revision: If the conviction is overturned on appeal, the bond automatically becomes void.
• Magistrate’s Preventive Action: A magistrate can also require a person to show cause for executing a bond based on police information about their habitual offences.
• Reference to CrPC: The provisions of Sections 112 to 126 of the Code of Criminal Procedure, 1898, apply when a magistrate issues such an order.

The correct answer is Option 3

Key Points

• As per section 16 of the  Immoral Traffic Prevention Act 1956, if a magistrate receives information (from police or any other source) that a girl under 21 years is living in, engaging in, or being forced into prostitution in a brothel, they can order a special police officer to enter the brothel and rescue her.
• The girl must then be produced before the magistrate for further action.

The correct answer is The special police officer or a police officer acting under his direction or guidance

Key Points

• As per Section 14 of the Immoral Traffic Prevention Act, all offences under this Act are treated as cognizable, meaning the police have the authority to register a case and investigate without prior approval from the court.
• Only a special police officer (or someone acting under their direction, guidance, or prior approval) can arrest a person without a warrant under this Act.
• If a subordinate officer is directed to make an arrest without a warrant, the special police officer must issue a written order specifying the person and offence, and the arrested person must be informed of the order’s substance.
• A police inspector (or higher rank) specially authorized by the special police officer may arrest without a warrant if they believe that delay in obtaining approval could lead to:
  • Destruction of evidence,
  • Escape of the accused, or
  • False identity or unknown identity of the suspect.
• In case of an emergency arrest by an inspector, they must immediately report the arrest and its circumstances to the special police officer.

The correct answer is Section 2(f)

Key Points

• Section 2(f) of the Immoral Traffic (Prevention) Amendment Act, 2006 deals with the definition of prostitution.
• "Prostitution" means the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind.
• The definition provided describes prostitution as an act where a female offers her body for promiscuous sexual intercourse in exchange for payment, which can be in the form of money or other benefits (in kind).
• However, this definition appears gender-specific (limiting prostitution to females) and narrow in its scope. Modern legal and sociological definitions recognize prostitution as involving any person (regardless of gender) engaging in sexual activities in exchange for compensation.
• In India, prostitution is regulated under the Immoral Traffic (Prevention) Act, 1956 (ITPA). While the act of engaging in sex work is not illegal, activities such as running brothels, soliciting in public places, and trafficking for sexual exploitation are criminal offenses.

The correct answer is State Government

Key Points

• As per Section 13(1), every area designated under the Act must have a Special Police Officer appointed by or on behalf of the State Government to handle offences under this Act.
• The Special Police Officer must not be below the rank of Inspector of Police (Section 13(2)).
• Additionally, the Central Government can appoint Trafficking Police Officers for cases involving multiple states.
• The Special Police Officer is assisted by subordinate police officers, including women police officers wherever possible.
• The State Government may associate social welfare workers (maximum of five, including women) to advise on the enforcement of the Act.
• The Central Government can appoint Trafficking Police Officers for cases involving multiple states.
• These officers have the same powers as Special Police Officers but operate across India.

The correct answer is Imprisonment for seven years, extendable to fourteen years

Key Points

• As per Section 5(1) of the Immoral Traffic (Prevention) Act,1956, procuring, inducing, or taking a person for prostitution is a serious offence.
• If the offence is committed against the will of the person, the punishment shall not be less than seven years and may extend up to fourteen years.
• If the victim is a child (under 16 years), the punishment may extend to life imprisonment, and if the victim is a minor (between 16 and 18 years), imprisonment shall be between seven and fourteen years.