Victim Of Prostitution Cannot Be Prosecuted U/S 5 Immoral Traffic Prevention Act: Karnataka High Court

The Karnataka High Court has held that a woman who is a victim of prostitution cannot be punished for offences punishable under Section 5 of the Immoral Traffic Prevention Act.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by a woman who had been charged under the provision and said, “The provisions, the purpose or the object of the Act is not to abolish prostitution or the prostitute. There is no provision under the law, which penalises a victim who indulges in prostitution. What is punishable is sexual exploitation for commercial purposes and to earn or make a living upon it against such person/s.”

As per the prosecution case, the Police received information that some girls are being illegally transported from Udupi to Goa for the purpose of putting them in the business of prostitution. The vehicle was intercepted and accused No.1 along with accused No.9 were found taking the petitioner/accused No.8 and others for engaging them in the business of prostitution.

The petitioner argued that she is the victim and therefore she should not be permitted to be prosecuted. The prosecution opposed the plea saying the case is now 10 years old and she should come out clean in a trial.

The bench referred to Section 5 of the Act which pertains to procuring, inducing or taking person for the sake of prostitution. It said, “Nowhere Section 5 of the Act would indicate that a woman who is a victim of prostitution should be punished for offences punishable under Section 5 of the Act. It clearly indicates that any person who procures or attempts to procure a woman or a girl for the purpose of prostitution would become liable for such prosecution.”

Relying on the Bombay High Court judgment in the case of Kajal Mukesh Singh v. The State Of Maharashtra, the court held, “In the light of the admitted fact that the petitioner/accused No.8 is a victim and notwithstanding the fact that she is a victim of prostitution, if further trial is permitted to continue it would become an abuse of the process of law and result in patent injustice.”

Appearance: Advocate Kumara for Petitioner.

Additional SPP B.N Jagadeesh for R1

Citation No: 2024 LiveLaw (Kar) 265

Case Title: Mrs X AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 807 OF 2024

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