A person merely visiting a brothel for sexual pleasure cannot be held liable under the Immoral Traffic (Prevention) Act - Calcutta HC

CASE: Suresh Babu @ Arakkal Arjunan Suresh Babu vs State of West Bengal

COURT: Single-judge Justice Ajoy Kumar Mukherjee of Calcutta High Court

The Calcutta HC ruled that a customer visiting a brothel for sexual pleasure cannot be held liable under the Immoral Traffic (Prevention) Act (PITA). The Act prohibits and punishes sexual exploitation or misuse of a person for commercial purposes and to earn the bread, thereby allowing premises as brothels.

BACKGROUND

NRI businessman Mr. Babu was picked up by 8 women and one man

from a local body massage center. The prosecution claimed that the other man was a pimp while the 8 women were sex workers. One of them owned a brothel operating under the guise of a massage center.

All of them including Mr. Babu were arrested and charged with running a brothel near a public place and living off the proceeds of prostitution, which are offenses under the PITA.

HELD

According to the HC, the provisions under PITA punishes sexual exploitation or abuse of a person for commercial purposes, but that was not the case against the applicant. Although a customer may exploit a sex worker for money and may even encourage prostitution but in the absence of any allegations, how can the petitioner be convicted? 

Therefore, the HC quashed the charge sheet and the criminal proceedings initiated against the petitioner.