The Allahabad High Court in its order dated February 22, 2024 said:
If a person visits a brothel, then, at the most, he may be said to be a procurer of a prostitute to satisfy his lust but not for the purpose of prostitution because acquiring a person for prostitution means sexual exploitation or abuse for commercial purposes and not for any other purpose which does not have any commercial purpose or earning money.
Case:
The High Court was dealing with a quashing petition filed by an accused/applicant booked under Sections 3/4/5/7/8/9 of the Immoral Traffic (Prevention) Act, 1956 on the allegations that he was found in an intimate position with co-accused lady “S” (name changed), who was allegedly involved in prostitution in a locked room.
The counsel of the accused argued that the applicant was simply a customer, and simply being a customer at any house that is being used for prostitution will not attract any penalty under the Act unless there is the involvement of the customer in the business of prostitution.
The Additional Government Advocate appearing for the state argued that since the applicant was caught red-handed during the search of a house that was being used as a brothel, therefore an offence under the Act was made out against him.
After hearing the arguments, the Allahabad High Court allowed the petition and quashed the criminal proceedings against the accused. Read full order below.
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READ ORDER | A Brothel ‘Customer’ Doesn’t Procure Woman For Commercial Purposes: Allahabad High Court
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