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Can’t punish visitor to brothel: Hyderabad High Court

Hyderabad: The Hyderabad High Court on Monday made it clear that a person visiting a brothel could not be punished under the Prevention of Immoral Traffic Act.
While allowing a petition by one G. Sajan Kumar seeking quashing of criminal proceedings before the IX Metropolitan Magistr-ate at Miyapur of the city, Justice K.G. Shankar ruled that a customer who visited a brothel was not punishable under the Act.
A petitioner G. Sajan Kumar, told the Hyderabad High Court that he was booked by the police under the Prevention of Immoral Traffic Act for allegedly committing offences under the provisions of Sections 3, 4 and 5 of the Act.
The petitioner’s counsel submitted that according to the prosecution, Mr Sajan Kumar was one of the customers of a brothel house and not a person acting as a pimp or running such a house.
He said in a similar case, the High Court had held that Section 4 was meant to punish people living on the earnings of prostitution and that a person visiting a brothel was not to be covered under the Act.
The counsel added that as per provisions of the Act, Section 3 imposed punishment for maintaining a brothel house, Section 4 imposed penalty for living on the earnings of prostitution, Section 5 dealt with the procurement, inducement or inducing a person for the sake of prostitution and Section 6 spoke about detaining a person in the premises where prostitution is carried out.
He added that none of these sections mentioned punishment to a customer at a brothel. After hearing the case, the judge opined that the petitioner did not fall under the provisions of Sections 3 to 7 of the Act.
( Source : dc correspondent )
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