The Delhi High Court has held that provisions of Indian Penal Code are not ancillary to the provisions of Immoral Traffic (Prevention) Act. Justice Mukta Gupta observed that same set of facts may constitute offences both under the IPC and the special enactment.
The appellants before the High Court who were convicted for the offences under IPC and ITP Act had contended that there was no material to show that the premises was being used for prostitution and hence they could not be convicted for the offences punishable under the ITP Act. Further contention of the appellants was that, since the offences punishable under the Indian Penal Code being ancillary to the provisions of ITP Act, they are entitled to be acquitted for the offences punishable under Indian Penal Code as well.
Referring to State of Bihar Vs. Murad Ali Khan (1988) 4 SCC 655, the Court rejected this contention and observed that provisions of IPC are not ancillary to the provisions of ITP Act and it is settled principle that same set of facts may constitute offences both under the IPC and a special enactment. The Court then dismissed their appeals and ordered them to undergo remaining sentence in Jail.
Read the Judgment here.