Visiting a brothel house is no crime: HC
HYDERABAD: The Hyderabad High Court has ruled that a 'customer', who visits a brothel house, cannot be punished under the Immoral Traffic (Prevention) Act, 1956.
Justice KG Shankar gave this ruling on a petition filed by one G Sajan Kumar seeking a stay of all further proceedings, including his appearance, in a case filed before the IX Metropolitan Magistrate at Miyapur in Kukatpally. The petitioner allegedly committed offences under Sections 3, 4 and 5 of the said Act.
The petitioner's counsel submitted that according to the prosecution, Sajan Kumar was one of the customers of a brothel house, not its owner or a pimp. He contended that a customer was not punishable under the Act.
The counsel brought to the notice of the court that in a similar case, the High Court had held that Section 4 was meant to punish people living on the earnings of prostitution and that a person who is visiting the brothel will not be covered by the Act.
Relying upon the decision of the High Court in the case of Lourdiah Naidu vs State of Andhra Pradesh, the counsel argued that no case can prima facie be made out against his client.
Section 3 of the Act imposes punishment for maintaining a brothel house, Section 4 imposes penalty for living on the earnings of prostitution, Section 5 deals with procurement, inducement or inducing a person for the sake of prostitution and Section 6 speaks about detaining a person on the premises where prostitution is carried out.
Agreeing with the counsel, the judge opined the petitioner did not fall under the provisions of Sections 3-6 of the Act as he was not running a brothel nor did he allow his premises to be used for such an activity. Further, he was not a pimp. Justice Shankar said his prosecution was unjust.
News Posted: 7 October, 2014
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