Immoral Trafficking -- Customer of Sex Worker -- Not prosecutable under Section 370 IPC
(i) Indian Penal Code, 1860, S.370 -- Immoral Trafficking -- Customer of Sex Worker -- A customer who avails the services of a sex worker for sexual gratification is not a trafficker and cannot be prosecuted under this provision. A transaction for sexual services between a sex worker and a customer alone does not amount to trafficking, though a person who procures or arranges a sex worker for another person may incur liability depending on the facts. (ii) Indian Penal Code, 1860, S.370A(2) -- Exploitation of Trafficked Person -- Customer with Knowledge of Trafficking -- A customer who engages a trafficked sex worker can be prosecuted if he has knowledge or reason to believe that the sex worker was trafficked. The word "engages" includes hiring or availing the services of the sex worker, and actual sexual exploitation is not necessary for the offence to be complete. (iii) Immoral Traffic (Prevention) Act, 1956, Ss.3,4,5 -- Brothel Premises -- Mere Presence -- Mere presence in the vicinity of a brothel premises is insufficient to attract liability. Prosecution requires material showing engagement of a trafficked person together with knowledge or reason to believe of trafficking.
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