Daijiworld Media Network – Bengaluru (MS)
Bengaluru, Apr 15: In pronouncement of verdict over a case filed by an individual, high court said that action cannot be taken on the customers who are caught when a prostitution den is raided by the police.
One member bench of justice M Nagaprasanna, which inquired the petition in this regard filed by S Babu, resident of the city gave this statement.
The bench also quashed the pending processes against the petitioner that were filed under section 3, 4, 5, 6 and 370 of human trafficking act of 1956.
The bench said that court has given clear orders in previous incidents of similar nature also that the customers who are caught in prostitution den cannot be slapped with criminal sections.
According to prosecution, on September 23, 2021, action on definite information, police had started the inquiry process against the petitioner as he was there in the compound of the house where prostitution was being carried out.
The one member bench said, “According to section 3 of the human trafficking act, it is illegal to use any facility or its compound for prostitution. Punishment is given to those who earn their livelihood through prostitution under section 4. Section 5 relates to human trafficking with the intention of prostitution, soliciting and taking the customer to the spot and section 6 relates to arrest of person who is at the spot when the raid takes place. But the complaint filed by the police does not specify what offence the petitioner has done. That is why this case is not eligible to be inquired under the law.”