A LANDOWNER CANNOT BE BROUGHT UNDER CRIMINAL PROCEEDINGS FOR NOT BEING AWARE OF IMMORAL ACTIVITIES CONDUCTED AT HIS RENTED PROPERTY

The Karnataka High Court recently held that a landlord cannot be prosecuted under the Immoral Traffic Act if he is unaware that the property was used as a brothel. The HC went on to quash the case registered against the landowner.

In the light of section 3(2) of the Act and the police acknowledging that the landlord was not aware for what purpose the premises were used for, permitting the proceeding to continue would become an abuse of the process of law.

The petition was filed by the landowners who had let out his property to accuse 1. On being searched, the police found out that the accused was running a brothel. Pursuant to the search, a criminal case was registered against the landowner under various sections of the Act and IPC. Thereafter, a notice was served to the petitioner, to which he responded that he was not aware of the activities. The police, however, proceeded to file a charge sheet u/s 3 of the Act, and therefore, the petitioner approached the HC.

The HC held that as per section 3(2) if an owner lets out his property with the knowledge that the property will be used as a brothel, can be brought under the ambit of offenses.

In this instant case, the petitioner was not aware of the activities and, therefore, allowed the petition and quashed the proceeding.