Brothel Customers Indulging In Sexual Intercourse With Prostitutes Can't Be Booked Under Immoral Traffic Prevention Act: Andhra Pradesh HC

A bench of Justice Ninala Jayasurya reiterated the settled legal position that a customer who visited the brothel to have sexual intercourse with a prostitute on payment of cash is not liable for prosecution for the offences under Sections 3, 4 and 5 of ITP Act.

The bench recalled the ruling of the High Court in Goenka Sajan Kumar v. the State of Andhra Pradesh High Court:

"4. Section 3 of the Act imposes punishment for maintaining a brothel house or allowing premises to be used as a brothel house. Section 4 imposes penalty for living on the earnings of prostitution. Section 5 deals with the procurement, inducement or inducing a person for the sake of prostitution. Section 6 of the Act speaks about detaining a person in the premises where prostitution is carried out.

5. None of these sections speak about punishment to the customer of a brothel house. Admittedly, the petitioner does not fall under the provisions of Sections 3 to 7 of the Act, as the petitioner was not running a brothel house nor did he allow his premises to be used as a brothel house. The petitioner is not alleged to be living on the earnings of prostitution. It is also not the case of the prosecution that the petitioner was procuring, inducing or in dicing any person for the sake of prostitution nor is it the case of the prosecution that any person was earning on the premises where prostitution is carried out."

Based on the above, the Court held that the petitioner is not liable for prosecution for offences under Sections 3, 4 and 5 of the ITP Act and quashed proceedings against him.

Case Title: Korada Subrahmanyam versus The State of Andhra Pradesh

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