Bare ActsThe Immoral Traffic (Prevention) Act, 1956

Section 10A

Detention in a corrective institution

Amendment status not verified — confirm the current text below against the official source.

Detention in a corrective institution. (1) Where- a female offender is found guilty of an offence under Section 7 or section 8, and a. the character, state of health and mental condition of the offender and the other circumstances of the case are such that it is expedient that she should be subjected to detention for such term and such instruction and discipline as are conducive to her correction, b. it shall be lawful for the court to pass, in lieu of a sentence of imprisonment, an order for detention in a corrective institution for such term, not being less than two years and not being more than five years, as the court thinks fit : Provided that before passing such an order - the court shall give an opportunity to the offender to be heard and shall also consider any representation which the offender may make to the court as to the suitability of the case for treatment in such an institution, as also the report of the probation officer appointed under the Probation of Offenders Act, 1958 (20 of 1958); and i. the court shall record that it is satisfied that the character, state of health and mental condition of the offender and the other circumstances of the case are such that the offender is likely to benefit by such instruction and discipline as aforesaid. ii. (2) Subject to the provisions of sub-section (3), the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to appeal, reference and revision and of the Limitation Act 1963 (36 of 1963), as to the period within which an appeal shall be filed, shall apply in relation to an order of detention under sub-section (1) as if the order had been a sentence of imprisonment for the same period as the period for which the detention was ordered. (3) Subject to such rules as may be made in this behalf, the State Government or authority authorised in this behalf may, at any time after the expiration of six months from the date of an order for detention in a corrective institution if it is satisfied that there is a reasonable probability that the offender will lead a useful and industrious life, discharge her from such an institution, without condition or with such conditions as may be considered fit, and grant her a written license in such form as may be prescribed. (4) The conditions on which an offender is discharged under sub-section (3) may include requirements relating to residence of the offender and supervision over the offender's activities and movements. COMMENTS The court may pass an order that a female offender who is found guilty of an offence under section 7 or 8, be detained in a corrective institution. Minimum term Maximum term 2 years 5 years The State Governments may discharge the detenu from a corrective institution at any time but not before 6 months from the date of an order for detention. Notification of address of previously convicted offenders. - (1) When any person having been convicted - by a court in India of an offence punishable under this Act or punishable under Section 363, Section 365, Section 366, Section 366A, Section 366B, Section 367, Section 368, Section 370, Section 371, Section 372 or Section 373 of the Indian Penal Code (45 of 1860), with imprisonment for a term of two years or upwards; or a. by a court or tribunal in any other country of an offence which would, if committed in India, have been punishable under this Act or under any of the aforesaid sections with imprisonment for a life term, is within a period of five years after release from prison, again convicted of any b.

Section 10A – The Immoral Traffic (Prevention) Act, 1956 | DailyLaw.ai