Now Reading: Allahabad HC: Brothel customer not guilty under Immoral Traffic Act
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Allahabad HC: Brothel customer not guilty under Immoral Traffic Act
The Allahabad High Court has ruled that a man who visits a brothel as a paying customer cannot be prosecuted under Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act, 1956. Justice Gautam Chowdhary quashed proceedings against a man named Nitin, who was among 16 people apprehended during a police raid on a house in Ghaziabad on December 31, 2023.
The court held that paying money for personal gratification does not amount to procurement for the purpose of prostitution under the Act, which requires commercial exploitation. It said a customer cannot be treated as someone keeping or managing a brothel because he only comes and pays money. Livelaw reported the court noted the applicant was a customer, not someone involved in prostitution. India Today reported that the court found the charges not legally sustainable against a customer.
The state had opposed the petition, arguing the applicant was caught red-handed. However, the court allowed the petition, quashing the charge sheet and summoning order pending before a Ghaziabad magistrate.
Indian Opinion Analysis
Both sources covered the ruling as a straightforward legal interpretation, with no discernible slant. LiveLaw focused on the legal reasoning and the procedural requirement of independent witnesses, while India Today emphasised the quashing of charges. The middle-ground takeaway is a narrow ruling: the court distinguished between a customer and someone who keeps or manages a brothel, which may not shield customers from other legal consequences. Watch for whether this ruling is appealed or prompts legislative clarification.
Coverage: 2 sources, 2 neutral
Sources (2): livelaw.in (neutral report), indiatoday.in (neutral report)
This story was synthesised by AI from the 2 sources linked above. Methodology and corrections.
Updated: this story now draws on 2 sources.
