WHEREAS it is expedient to amend and consolidate the law relating to the suppression of prostitution in the Province of West Pakistan;

Preamble.

            NOW, THEREFORE, in pursuance of the Presidential Procla­mation of the seventh day of October, 1958, and having received the previous instructions of the President, the Governor of West Pakistan is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance.—

1.         (1) This   Ordinance may be   called the West Pakistan Suppression of Prostitution Ordinance,  1961.

            [1][(2) It extends to the whole of the [2][Province of Khyber Pakhtunkhwa] except the Tribal Areas].

Short title and extent.

2.         In this Ordinance unless the context otherwise requires, the following expressions to them that is to say—

[3][(a)    "brothel" means  any house,   part  of a house, room or place  in which a             prostitute resides or carries   on prostitution or any place or institution where             facilities are known to be available for prostitution.]

(b)   "place of public amusement" shall mean any place enclosure, building, tent, booth or other erectionwhether permanent or temporary, where music, singing, dancing, or any diversion or game or the means of carrying on the same, is provided, and to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted; and shall include a race course, circus, theatre, music hall, billiard-room, bagatelle-room, gymnasium or fencing school;

(c)    "place of public entertainment" shall mean any place, whether enclosed or open, to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such place, and shall include a refreshment-room, eating-house, coffee­house, liquor house, boarding-house, lodging-house, hotel, serai or travern, or wine, beer, spirit, arrack, toddy, bhang or opium shop;

(d)   "prostitution" means promiscuous sexual intercourse for hire, whether in money or kind;

(e)    "prostitute" means   any   female  available or known to be   available   for purposes of prostitution;

(f)    "public place" includes  site of any hut, bazar, mela, exhibition,   any   river   bank,   dock,  jetty   or ware­ house to which   the public have access, every public building, garden   or  monument   and the   precincts there of, every place of public   amusement or entertainment,   and every   place   accessible to the public for drawing water, washing or bathing or for purposes of recreation.

Definitions.

3.     (1) Whoever—

(a)     keeps or manages or acts or knowingly finances or takes part in the financing of, or asists in, the man­agement of a brothel, or

(b)    being a tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part there of to be used as a brothel, or

(c)    being a 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 it 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, [4][and] with fine, which may extend to one thousand rupees, [5][ ....].

            (2) Where, in any prosecution of a tenant, lessee, occupier or person in charge of any premises under this section, it is found that such premise s or any part thereof have been used as a brothel, it shall be presumed, unless the contrary is proved, that he knowingly permitted such use.

Punishment for keeping a brothel or allowing any place to be used as a brothel.

4.         Whoever   in any street or public place or place   of public resort or within sight of and in such manner as to be seen or heard from any street or public place, whether from within any house or building or not,—

(a)    by words, gestures, wilful and indecent exposure of her person or otherwise attracts or endeavours to attract attention for the prupose of prostitution, or

(b)    solicits or molests any person or loiters for the purpose of prostitution, shall for a first offence be punished with imprisonment which may extend to six months, or with fine which may extend to two hundred rupees, or with both, and for a subsequent offence with imprisonment which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Punishment for soliciting.

5.         Whoever being the keeper of any place of public amusement or   entertainment, knowingly permits prostitutes, for the purposes of their trade, to enter or remain in such place, shall be punished with fine which may extend to five hundred rupees.

Punishment for permitting prostitution in places of public amusement.

6.     (1) Whoever  being  above  the age of eighteen years—

(a)    knowingly lives, wholly or in part, on the earnings of another's prostitution, or

(b)    exploits the prostitution of another person, whether with or without that person's consent,

shall be punished with imprisonment of either description for a
term which may extend to two years, [6][and] with fine which may
extend to one thousand rupees, [7][ * * *] and if the person convicted
is a male he may be punished with whipping in lieu of or in addition
to any other punishment provided in this sub-section.

Punishment for living on earnings of prostitution.

            (2) Where any person is proved to be living with, or to be habitually in the company of, a prostitute or is proved to have directed or exercised control or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting, compelling or exploiting her prostitution with any other person or generally, or to be keeping or managing or assisting in the manage­ment of a brothel, it shall be presumed, until the contrary is proved, that he is knowingly living on the earnings of prostitution.

Presumption .

7. If any person having custody, charge or care of any girl under the age of sixteen years, causes or encourages or abets the seduction or prostitution of that girl, he shall be punished with rigorous imprisonment for a term which may extend to three years, [8][and] with fine  which may extend to one thousand  rupees, and if the person convicted is a   male,   shall    also    be   liable to whipping.

Punishment for causing, encouraging or abetting prostitution of a girl under sixteen.

8. Whoever procures or entices or leads away or attempts to procure, entice or lead away any woman or girl for the purposes of prostitution, whether with or without her consent, or who with intent that she may for the purposes of prostitution become the inmate of or frequent a brothel, persuades a woman or girl to leave her usual place of abode, [9][shall be punished with rigorous imprison­ment for a term which may extend to twenty five years and shall also be liable to fine and whipping not exceeding thrity stripes.]

Punishment for procuration.

9. Whoever brings or attempts to bring into the Province any woman or girl with a view to her becoming a prostitute [10][shall be punished with rigorous imprisonment for a term which may extend to twenty five years and shall also be liable to fine an whipping not exceeding thirty stripes.]

Punishment for importing any woman or girl for prostitution.

10.     (1) Whoever—

(a)    keeps any woman or girl in a brothel, or

(b)   detains any woman or girl, against her will, in any place with intent that she may have sexual intercourse with any man other than her lawful husband,

[11][shall be punished with death or rigorous imprisonment for a term which may extend to twenty five years and shall also be liable to fine and whipping not exceeding thirty stripes.]

Punishment for keeping any woman or girl for prostitution.

            (2) A person shall be presumed to detain a woman or girl in any place for the purpose referred to in clause (b) of sub-­section (1), if such person, with intent to compel or induce her to remain there—

(a)     withholds from her any jewellery, clothing or other property belonging to her, or

(b)   threatens her with legal proceedings if she takes away with her any jewelryor clothing lent or supplied to her by or under the direction of such person.

Presumption.

            (3) No legal proceedings, whether civil or criminal, shall betaken against any suchwoman or girl for taking away or being found in possession of any such clothing as was necessary to enable her to leave such premises or brothel.

Bar of certain legal proceedings.

11.       (1) Whoever having been convicted of an offence puni­shable under section 3, is convicted of a subsequent offence punishable under the same section, may, in addition to the punishment provided under that section, be required by the Court to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Court may direct, and in default of executing such bond, may be imprisoned for a period not exceeding six months in addition to any punishment awarded in respect of his offence.

            (2) The provisions of Chapters VIII and XLII of the Code of Criminal Procedure, 1898, shall apply to orders made for the execution of bonds under this section.

Subsequent offence under section 3.

12.       (1) On conviction of any tenant, lessee or occupier of an offence under sub-section(l) of section 3, the Court shall give notice thereof in writing to the landlord or lessor of such person, who shall then be entitled to require the person so convicted to assign the lease or other contract, under which the said premises are held by him, to some person approved by the landlord or lessor which approval shall not be unreasonably withheld, and in the event of the person so convicted failing within three months to assign the lease or contract, as aforesaid, the landlord or lessor shall, notwith­standing any law, contract, decree or order of a Court to the contrary, be entitled to determine the lease or other contract, but without prejudice to the rights or remedies of any party to such lease or contract accruing before the date of such determination.

            (2) If the landlord or lessor determines a lease or contract of tenancy under the provisions of sub-section (1), the Court which has convicted the tenant, lessee or occupier may make an order for delivery of possession to the landlord or lessor within such time not being less than seven days as the Court may direct; and the orders shall be served on the person against whom it is made in the manner provided in the Code of Criminal Procedure, 1898, for the service of summons.

            (3) Whoever fails to comply with an order under the last preceding sub-section shall be punished with imprisonment of either description which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

            (4) If the landlord or lessor, after he has received notice in writing of such conviction, fails to exercise his rights under sub-section (1), and subsequently during the subsistence of the lease or contract any such offence is again committed in respect of the premises, the landlord or lessor shall be deemed to have abetted that offence, unless he proves that he had taken all reasonable steps to prevent the recurrence of the offence.

            (5) Where a landlord or lessor determines a lease or other contract under this section, and subsequently grants another lease or enters into another contract of tenancy to, with, or for the benefit of the same person, without causing to be inserted in such lease or contract all reasonable provisions for the prevention of a recurrence of any such offence, he shall be deemed to have failed to exercise his rights under the provisions of this section, and any such offence committed during the subsistence of the subsequent lease or contract shall be deemed, for the purpose of this section, to have been committed during the subsistence of the previous lease or contract.

Determinationof tenancy of premises on conviction for permitting use as a brothel or for purposes of habitual prostitution.

[12][13.   If complaint is made to any Gazetted Police Officer about the commission of any offence punishable under sections 3, 4, 5, 6[13][or], 7, [14][ * * * ] or if any such offence is committed in the view of any Police Officer not below the rank of Superintendent of Police, such officer may arrest, without warrent, any person accused of the commission of such offence.]

Power to arrest without warrant.

14.       The Superintendent of Police,  or any gazetted police officer specially authorised in writing in this behalf by the District Magistrate, may enter any place and remove to the prescribed place any girl who appears to be under the age of eighteen years, if he has reason to believe. —

(a)     that an offence punishable under section 3 has been or is being committed in respect of the place; or

(b)    that a woman or girl in respect of whom an offence under this Ordinance has been committed, is to be found therein.

Power to enter without warrant and removal of minor girls.

15.       No offence under this Ordinance shall be tried summarily, or by a Magistrate below the rank of a Magistrate of the first class.

Offences triable by certain Magistrates only.

16.    The   Provincial   Government   may make   rules for carrying into effect the provisions  of this Ordinance.

Power to make rules.

17.       (1)  The  following   enactments   are   hereby  repealed:—

Repeal and savings.