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

A customer found in a brothel when it is raided cannot be prosecuted, according to the Karnataka High Court. The fact that the petitioner was a customer in the brothel when the respondent-police conducted the search is undisputed. This Court has consistently held that a customer in a brothel cannot be charged with a crime in a number of cases. In the case of BARATH S.P. v. STATE OF KARNATAKA in Crl.P.No.1757/2022, this Court considered the intent of the Act and the Code. 

In the case of Babu vs state of Kangeli Police Station (Criminal Petition No.: 2119 of 2022), a single judge bench of Honourable 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.  

Keeping a brothel or allowing premises to be used as a brothel is punishable under Section 3 of the Act. Section 4 outlines the consequences of living off the proceeds of prostitution. Procuring, inducing, or taking a person for the purpose of prostitution is covered in Section 5. Detaining a person in a place where prostitution is practiced is punishable under Section 6. No customer is responsible for any of the activities. 

As per the facts of the case, according to the prosecution, a complaint was filed by the police on September 23, 2021, based on credible information, for offences punishable under the Act and the IPC, and proceedings were started. The petitioner was a customer who was discovered during the search of the premises on September 23, 2021. 

The bench remarked, “It is undisputed that the petitioner was a customer in the brothel when the respondent police conducted their search. This Court has consistently held that a customer in a brothel cannot be charged with a crime in a number of cases.” 

It also cited the High Court’s decision in the case of Barath S.P. V. State Of Karnataka in Crl.P.No.1757/2022, which was disposed of on March 24, 2012. It was noted, “Because the aforementioned criminal petition was also considering the case of a customer in a brothel at the time of the search, the facts obtained in this case are identical. As a result, it would cover the situation on all fours.” 

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