Kar HC | Customers caught in brothel cannot be prosecuted for immoral trafficking under Immoral Traffic Prevention Act, 1956

Karnataka High Court

Karnataka High Court: M Nagaprasanna J. allowed the criminal petition and quashed the proceedings in Crime No.347/2021 pending before the 32nd Additional CMM Court, Bangalore

The facts of the case are such that the petitioner was a customer in the brothel when the search was conducted by the respondent police. The instant petition is filed calling the petitioner before the Court for proceedings in an FIR registered for the offences punishable under Sections 3, 4, 5 and 6 of Immoral Traffic Prevention Act, 1956 (‘Act’ for short) and Section 370 of the IPC.

The Court relied on judgment Barath SP v. State of Karnataka, in Crl.P.No.1757/2022 disposed on 24-03-2022 and observed that a customer, in a brothel, cannot be hauled into criminal proceedings.

The Court thus held “the facts obtaining in the case at hand are identical, as the aforesaid criminal petition was also considering the case of a customer in a brothel at the time of search. It would, therefore, cover the case at hand on all its fours.”

[Babu v. State, Criminal petition No. 2119 of 2022, decided on 04-04-2022]


Appearances:

For petitioner- Mr. Ravi R

For respondent- Ms. Yashodha K P


Arunima Bose, Editorial Assistant has reported this brief.

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