IT Act 4
Section 4 · Punishment for living on the earnings of prostitution
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(1) Any person over the age of eighteen
Years who knowingly lives, wholly or in part, on the
earnings of the prostitution of 1[any other person]
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 2[and where such earnings relate to the prostitution of a child
or a minor, shall be punishable with imprisonment for a term of not less than seven years and not more
than ten years].
3[(2) Where any person over the age of eighteen years is proved-
(a) to be living with, or to be habitually in the company of, a prostitute; or
(b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or
(c) to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1).]
3[(2) Where any person over the age of eighteen years is proved-
(a) to be living with, or to be habitually in the company of, a prostitute; or
(b) to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that such person is aiding, abetting or compelling her prostitution; or
(c) to be acting as a tout or pimp on behalf of a prostitute, it shall be presumed, until the contrary is proved, that such person is knowingly living on the earnings of prostitution of another person within the meaning of sub-section (1).]
The offence at a glance
- Maximum punishment
- 2 years
- Statutory minimum
- 7 years
- Fine
- ₹1,000
- Cognizable
- Cognizable
- Bailable
- Non-bailable
- Compoundable
- Not compoundable
- Triable by
- Magistrate of the first class
- Cognizable — Police may arrest without a warrant
- Non-bailable — Bail is at the court's discretion
Under this Act's own provision
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