Immoral Traffic -- Customer at Brothel -- Not liable for keeping brothel or procuring for prostitution
(i) Immoral Traffic (Prevention) Act, 1956, S.3 -- Immoral Traffic -- Customer at Brothel -- Offence of keeping or allowing premises to be used as brothel is directed against the person who runs or manages the premises -- A customer caught at the premises does not fall within the section -- Prosecution cannot be maintained against him. (ii) Immoral Traffic (Prevention) Act, 1956, S.5 -- Immoral Traffic -- Customer at Brothel -- Procuring for prostitution is an offence of agents and pimps -- The word procure means obtaining a woman for prostitution from a particular individual -- A customer is not a procurer and cannot be charged under this section. (iii) Immoral Traffic (Prevention) Act, 1956, S.7 -- Immoral Traffic -- Customer at Brothel -- Prostitution in itself is not an offence under the Act except as provided in Sections 7 and 8 -- Prosecution must first show prima facie that prostitution is being carried on -- Only then does the question of public place or vicinity arise. (iv) Immoral Traffic (Prevention) Act, 1956, S.9 -- Immoral Traffic -- Customer at Brothel -- Offence requires a person having position or authority over a woman or girl who causes or aids or abets her seduction for prostitution -- Client caught during raid, with no material of such authority or abetment, cannot be charged.
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