In force · As amended up to 2026-08
4. Punishment for living on the earnings of prostitution. —(1) Any person over the age of eighteen yearswho 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).]
4. 1st May, 1958, vide notification No. G.S.R. 269, dated 16th April, 1958, see Gazette of India, Part II, sec. 3(i).
5. Ins. by Act 46 of 1978, s. 2 (w.e.f. 2-10-1979).
6. Subs. by Act 44 of 1986, s. 5, for "prostitution" (w.e.f. 26-1-1987).
7. Ins. by s. 5, ibid. (w.e.f. 26-1-1987).
8. Clause (aa) relettered as Clause (b) by s. 5, ibid . (w.e.f. 26-1-1987).
9. Subs. by s. 4, ibid. , for "women and girls" (w.e.f. 26-1-1987).
10. Subs. by s. 5, ibid ., for "female undertrials" (w.e.f. 26-1-1987).
11. Omitted by s. 5, ibid . (w.e.f. 26-1-1987).
12. Subs. by Act 46 of 1978, s. 2, for clause (c) (w.e.f. 26-1-1987).
13. Omitted s. 2, ibid. (w.e.f. 26-1-1987).
1[2[(f) "prostitution" means the sexual exploitation or abuse of persons for commercial purpose, and the expression "prostitute" shall be construed accordingly;]
(g) "protective home" means an institution, by whatever name called (being an institution established or licensed as such under section 21), in which[3] [persons], who are in need of care and protection, may be kept under this Act[4] [and where appropriate technically qualified persons, equipment and other facilities have been provided,] but does not include—
(i) a shelter where[5] [undertrials] may be kept in pursuance of this Act, or
- (ii) a corrective institution;]
(h) "public place" means any place intended for use by, or accessible to, the public and includes any public conveyance;
(i) "special police officer" means a police officer appointed by or on behalf of the State Government to be in charge of police duties within a specified area for the purpose of this Act;
6[(j) "trafficking police officer" means a police officer appointed by the Central Government under sub-section (4), of section 13.]
7[2A. Rule of construction regarding enactments not extending to Jammu and Kashmir .] — Omitted by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order , 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order , 2020, notification No . S.O. 3774(E), dated (23-10-2020).
Source: India Code