Punishment for keeping a brothel or allowing premises to be used as a brothel
4. (1) Any person who-
(a) keeps or manages or acts or assists in the management of a brothel, or
(b) being the tenant, lessee, occupier, or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel, or
(c) being the 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 the same, or any part thereof, 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, or with fine, or with both.
(2) Any person who, having been convicted of an offence punishable under sub-section (1) is convicted of a subsequent offence punishable under the said sub-section shall be punished with imprisonment of either description for a term which
may extend to five years, or with fine, or with both, and may in addition be ordered by the Court convicting him to execute a bond for a sum proportionate to his means, with or without sureties, to be of good behaviour for such period not exceeding three years as it thinks fit.
(3) If a conviction under sub-section (2) is set aside on appeal or otherwise the bond so executed shall be void.
(4) An order for the execution of a bond in accordance with the provisions of sub-section (2) may also be made by an Appellate Court or by the [High Court Division] when exercising its powers of revision.
(5) The provisions of Chapter VIII of the Code of Criminal Procedure, 1898
, shall apply to orders made for the execution of bonds under this section, and imprisonment for failure to give security shall be rigorous or simple as the Court may direct.
(6) In a prosecution under this section if it is found that any premises or part thereof have been used as a brothel it shall be presumed until the contrary is proved that the manager, tenant, lessee, occupier or person in charge of such premises or part knew that the premises or part thereof were being used as a brothel.
(7) No Court shall take cognizance of any offence punishable under this section except on the complaint of-
(a) the Chairman of the [Paurashava, Zilla Board or Union Parishad] within the jurisdiction of which the premises are situated, made in pursuance of a resolution of the [Paurashva, Zilla Board or Union Parishad] as the case may be; or
(b) three or more persons occupying separate premises or holdings and resident in the vicinity of the premises or holdings to which the complaint relates; or
(c) a representative of any society recognized by the Government in this behalf who has been authorized by the society to institute prosecutions under this section.
(8) No complaint shall be instituted under this section in respect of any brothel with reference to which proceedings are pending under section 6.