Legal Definition

Prostitution refers to the sexual exploitation or abuse of a person for commercial purposes.

Key Elements

Nature of Act

Sexual exploitation or abuse of a person

Purpose

For commercial purposes - involving monetary or material gain

Legal Context

This definition forms the basis for various provisions under the Immoral Traffic (Prevention) Act, 1956, which aims to prevent trafficking and exploitation.

Important Distinction

The law distinguishes between:

• Voluntary prostitution: Not criminalized under ITPA
• Forced prostitution: Criminalized and punishable
• Trafficking for prostitution: Severely punishable
• Operating brothels: Prohibited and punishable

Legal Framework

The ITPA focuses on preventing the exploitation and trafficking of persons rather than criminalizing prostitution itself. The Act targets those who profit from or facilitate prostitution through coercion, deception, or exploitation.