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Customer Found In Brothel At Time Of Raid Can't Be Hauled Into Criminal Proceedings: Karnataka High Court Reiterates

Mustafa Plumber
12 April 2022 8:17 AM GMT
Customer Found In Brothel At Time Of Raid Cant Be Hauled Into Criminal Proceedings: Karnataka High Court Reiterates
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The Karnataka High Court has reiterated that a customer found in a brothel at the time when it is raided cannot be prosecuted. A single judge bench of Justice M Nagarpasanna allowed the petition filed by one Babu S and quashed the proceedings pending against him under sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and section 370 (Trafficking of person) of...

The Karnataka High Court has reiterated that a customer found in a brothel at the time when it is raided cannot be prosecuted.

A single judge bench of Justice M Nagarpasanna allowed the petition filed by one Babu S and quashed the proceedings pending against him under sections 3, 4, 5 and 6 of the Immoral Traffic Prevention Act, 1956 and section 370 (Trafficking of person) of the IPC.

Section 3 of the Act provides punishment for keeping a brothel or allowing premises to be used as a brothel. Section 4 provides punishment for living on the earnings of prostitution. Section 5 pertains to Procuring, inducing or taking person for the sake of prostitution. And Section 6 punishes detaining a person in premises where prostitution is carried on. None of the activities are attributable to a customer.

As per the prosecution, a complaint was registered on 23.09.2021 by the police, on the credible information received, for the offences punishable under the Act and the IPC and proceedings were initiated. The petitioner was a customer who was found at the time when the premises were searched on 23.09.2021.

The bench said,

"It is not in dispute that the petitioner was a customer in the brothel when the search was conducted by the respondent police. A customer, in a brothel, cannot be hauled into criminal proceedings is the consistent view taken by this Court in plethora of cases."

Further it relied on the judgement of the High Court in the case of Barath S.P. V. State Of Karnataka in Crl.P.No.1757/2022 disposed of on 24.03.2022. It observed, "The facts obtained 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."

Case Title: BABU S v. STATE BY KENGERI POLICE STATION

Case No: CRIMINAL PETITION No.2119 OF 2022

Citation: 2022 LiveLaw (Kar) 115

Date of Order: 04TH DAY OF APRIL, 2022

Appearance: Advocate RAVI R for petitioner; Advocate YASHODHA K.P for respondent

Click Here To Read/Download Order


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