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How to Conduct the Investigation of a Case Under the Immoral Traffic (Prevention) Act, 1956 and Proper Designing of the Prosecution Case

By Lawrence Gomes

Published In

CrLJ 2004

Cases under the Immoral Traffic (Prevention) Act 1956 (hereinafter to be referred as PITA are very rare and sporadic these days. So the new as well as the senior police officers sometimes forget the correct legal procedures to be followed to conduct the investigation of such case though Section 13(2) has categorically mentioned that ‘the special police officer dealing with offences under PITA in a special area specified by any State Government in India shall not be below the rank of an Inspector of Police and Section 14 of PITA has mentioned that any offence under PITA is a cognizable offence which means such Inspector of Police (that is the investigating officer) can arrest persons without ‘warrant’. It is often noticed that police personnel are legally or by procedure trapped in committing minor mistakes which ultimately help the offenders under the PITA to be bailed out easily (some times on the very first day of arrest or at an early date of ‘Remand&rsquo ....

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