Caught at brothel? Customer can’t be booked under trafficking law, rules Orissa High Court

The Orissa High Court has ruled that a person visiting a brothel cannot be prosecuted under the Immoral Traffic (Prevention) Act, 1956, simply for being present there, even if caught in a compromising situation. The court explained that the law targets activities such as operating a brothel, profiting from prostitution, procuring individuals for prostitution, and detaining them, but does not include penalties for mere customers.

The ruling was made in response to conflicting decisions from other courts, with one high court stating that customers can be accused, while others held that they could not. The case before the Orissa High Court originated in 2018, when two men were arrested at a spa centre. The court acknowledged that even if the establishment was considered a brothel, it questioned whether merely being a customer there qualified under the Act's provisions.

The previous February 2024 judgment required the men to face trial for the remaining offences, which included charges under the 1956 Act. However, the Orissa High Court has now corrected that mistake, stating that the error in the earlier ruling needed to be addressed. The court's decision was supported by authorities, including a Supreme Court ruling, ensuring that the process remains fair and justice is served.