Section 253: Procuring, enticing and exploiting prostitute
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
253. Procuring, enticing and exploiting prostitute
(1) Any person who, to gratify the passions of another and for gain—
(a) procures, entices or leads away, for purposes of prostitution,
another person;
(b) exploits, or is an accomplice in, the prostitution of another person, even with the consent of that person;
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Criminal Code
(c) draws a benefit from the prostitution of some other person,
shares the earnings of, or receives subsidies from, another person who habitually indulges in prostitution,
shall commit an offence.
(2) Any person who commits, or is an accomplice in the commission of,
any of the offences mentioned in subsection (1) shall commit an offence regardless of motives or gain where—
(a) the person procured, enticed, led away, exploited, in relation to
whose prostitution a benefit is drawn, whose earnings are shared
or from whom subsidies are received is less than 18 years of age
at the time of the offence;
(b) the person is procured, enticed, led away or exploited for the
purpose of being sent abroad;
(c) the person is procured, enticed, led away or exploited by the use
of fraud, deceit, threat, violence or any other means of duress.
(3) No person shall be convicted of an offence under this section upon
the evidence of one witness, unless such witness is corroborated in some
material particular by evidence implicating the accused.
(4) Any person guilty of an offence under this section shall be liable on
conviction to imprisonment for a term which, notwithstanding section 152 of
the Criminal Procedure Act, shall be not more than 20 years together with a
fine not exceeding 200,000 rupees.
(5) Part X of the Criminal Procedure Act and the Probation of Offenders
Act shall not apply to a person liable to be sentenced under this section.
[S. 253 amended by Act 29 of 1990; Act 13 of 1998; s. 3 (h) of Act 36 of 2008 w.e.f.
6 December 2008.]
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Questions this section answers
- What is the penalty for procuring or exploiting someone for prostitution for gain?
- Is the penalty higher if the person exploited for prostitution is under 18 or was sent abroad?