Customer In A Brothel Can Be Prosecuted U/S. 5 Of Immoral Traffic Prevention Act: Kerala HC
The Kerala High Court held that a customer in a brothel can be prosecuted under Section 5 of the Immoral Traffic (Prevention) Act, 1956.
The Court held thus in a criminal revision petition filed by a man against the decision of the Chief Judicial Magistrate, Alappuzha.
A Single Bench of Justice P.G. Ajithkumar observed, “… a consumer also comes within the purview of Section 5 of the ITP Act. Hence, the contention of the petitioner that even an offence under Section 5 of the ITP Act does not lie against the petitioner is untenable. The impugned order is therefore not liable to be set aside altogether.
The Bench said that word ‘procure’ is not defined in the ITP Act and therefore, the same must be understood in the context in which it is used and bearing in mind the object, the statute intends to achieve.
Advocate S.A. Anand appeared for the revision petitioner while Public Prosecutor Maya MN appeared for the State.
Factual Background -
The specific allegation against the petitioner who was the third accused was that he was found as a customer in the house from where all the accused were arrested. Accused Nos. 4 and 6 were allegedly subjected to prostitution at the instance of accused nos. 1 and 2, and accused nos. 3 and 5 were alleged to be the customers.
A petition for discharge filed by the petitioner was dismissed by the Magistrate and the contentions were that he being a customer cannot be implicated for any of the offences under ITP Act. Further contention raised was that the provisions of Section 15(5) and 15(5A) of the ITP Act were not complied with by the detecting officer. However, the court below did not accept the said contentions and directed to frame charges against him.
The High Court in the above context of the case noted, “The principal object of the Statute mentioned in the Statement of Objects and Reasons is to prevent commercialisation of the vices and trafficking among women and girls. The meaning of ‘procure’ given in Merriam Webster Dictionary is to get possession of; or to obtain something. If the said meaning of the word ‘procure’ is understood in the context of the aforesaid objective of the Statute, the person, who gets or obtains domain over a person for the purpose of prostitution, has to be said to procure a person for the purpose of prostitution.”
The Court added that a consumer also comes within the purview of Section 5 of the ITP Act and hence, the contention of the petitioner that even an offence under Section 5 of the ITP Act does not lie against him is untenable.
“Can a customer in a brothel be hauled in a prosecution under the Immoral Traffic (Prevention) Act, 1956 (ITP Act)? … That is the short question arising in this Revision Petition … the petitioner is liable to be charged for an offence under Section 5 of the ITP Act alone”, said the Court
Insofar as offences punishable under Sections 3, 4 and 7 of the ITP Act, the Court discharged the petitioner and confirmed the impugned order to that extent.
Accordingly, the High Court disposed of the revision petition.
Cause Title- ABC v. State of Kerala (Neutral Citation: 2023:KER:81946)
