Amendment status not verified — confirm the current text below against the official source.
1[ 16. Rescue of person.- (1) Where a magistrate has reason to believe from information received from the police or from any other person authorised by the State Government in this behalf or otherwise, that 2[any person is living, or is <font face="verdana" size="2"> <p align="center"><font face="verdan... http://wcd.nic.in/act/itpa1956.htm 12 of 23 24/07/2013 3:45 p.m. carrying on or is being made to carry on, prostitution in a brothel,] he may direct a police officer not below the rank of a sub-inspector to enter such brothel, and to remove therefrom such 3[person] and produce him before him. (2) The police officer, after removing the 3[person], shall forthwith produce him before the magistrate issuing the order. COMMENTS A magistrate may direct a police officer not below the rank of a sub-inspector to enter brothel and remove person therefrom. After removing the person, the police officer must forthwith produce him before the magistrate. Intermediate custody of persons removed under section 15 or rescued under section 16.- (1) When the special police officer removing a 3[person] under sub-section (4) of section 15 or a police officer rescuing a 3[person] under sub-section (1) of section 16, is for any reason unable to produce him before the appropriate magistrate as required by sub-section (5) of section 15, or before the magistrate issuing the order under sub-section (2) of the section 16, he shall forthwith produce him before the nearest magistrate of any class, who shall pass such orders as he deems proper for his safe custody until he is produced before the appropriate magistrate, or, as the case may be, the magistrate issuing the order : Provided that no 3[person] shall be - detained in custody under this sub-section for a period exceeding ten days from the date of the order under sub-section; or i. restored to or placed in the custody of a person who may exercise a harmful influence over him. ii. (2) When the 3[person] is produced before the appropriate magistrate under sub-section (5) of section 15 or the magistrate under sub-section (2) of section 16, he shall, after giving him an opportunity of being heard, cause an inquiry to be made as to the correctness of the information received under sub-section (1) of Section 16, the age, character and antecedents of the 1[person] and the suitability of his parents, guardian or husband for taking charge of him and the nature of the influence which the conditions in his home are likely to have on him if he is sent home, and, for this purpose, he may direct a probation officer appointed under the Probation of Offenders Act, 1958, (20 of 1958), to inquire into the above circumstances and into the personality of the 1[ person] and the prospects of his rehabilitation. (3) The magistrate may, while an inquiry is made into a case under sub-section (2), pass such orders as he deems proper for the safe custody of the 1[person] : 2[Provided that where a person rescued under section 16 is a child or minor, it shall be open to the magistrate to place such child or minor in any institution established or recognised under any Children Act for the time being in force in any State for the safe custody of children : Provided further that, ] no 1[person] shall be kept in custody for this purpose for a period exceeding three weeks from the date of such an order, and no 1[person] shall be kept in the custody of a person likely to have a harmful influence over him. (4) Where the magistrate is satisfied, after making an inquiry as required under sub-section (2), - that the information received is correct; and a. that he is in need of care and protection, he may, subject to the provisions of sub-section (5), make an order that such 1[person] be detained for such period, being not less than one year and not more than three years, as may be specified in the order, in a protective home, or in such other custody as he shall, for reasons to be recorded in writing, consider suitable : Provided that such custody shall not be that of the person or body of persons of a religious persuasion different from that of the 1[person] and that those entrusted b.