In a significant ruling, the Allahabad High Court has held that a customer who visits a brothel to satisfy personal lust cannot be prosecuted under Sections 3, 5, or 7 of the Immoral Traffic (Prevention) Act, 1956, as such an act does not amount to “keeping or managing” a brothel. Accordingly, the quashed criminal proceedings, charge sheet, and summoning order against an applicant who was apprehended during a police raid on a premises being run as a brothel under Sections 3, 4, 5, and 7 of the Immoral Traffic (Prevention) Act, 1956.
A Single Judge Bench of Justice Dr. Gautam Chowdhary observed that the offence of keeping or managing a brothel under Section 3 of the Immoral Traffic (Prevention) Act, 1956 is confined to persons who run, operate, or assist in the operation of such an establishment. A customer who merely visits the premises and pays money to obtain sexual gratification does not participate in the keeping or management of the brothel, and therefore cannot be prosecuted under Sections 3, 5, or 7 of the Act.
The Court clarified that the act of a customer amounts to personal gratification and falls outside the statutory definition of “prostitution,” which requires commercial exploitation. Consequently, prosecution of such a customer constitutes an abuse of the judicial process and warrants quashing under Section 482 CrPC.
Briefly, the applicant had approached the High Court seeking to quash the criminal proceedings arising out of a crime registered at Police Station Shalimar Garden, District Ghaziabad, along with the charge sheet and the summoning order. The case was registered against multiple accused persons, including the applicant, under Sections 3, 4, 5, and 7 of the Immoral Traffic (Prevention) Act, 1956.
The prosecution’s case was that on Dec 31, 2023, the Assistant Commissionerate of Police, Shalimar Garden, received information that women were being engaged in sex trade at a house near DLF Police Chowki at Bhojpura crossing, belonging to one Harish Mawi. Upon raiding the premises, the police apprehended 16 persons, including nine women and seven men. The women reportedly disclosed that they were engaged in sex trade and were paying a share of their earnings to Harish Mawi. Based on this, an FIR was lodged on the same day, and after investigation, a charge sheet was filed, leading to cognizance being taken by the Magistrate.
