Hyderabad: The Telangana High Court has ruled that a person cannot be prosecuted under trafficking laws merely for being present in or around a brothel.
The court clarified that prosecution under Section 370A(2) of the Indian Penal Code is possible only when there is evidence that a person engaged a trafficked sex worker and knew or had reason to believe that she was a victim of human trafficking.
High Court explains scope of trafficking law
The ruling was delivered by a division bench of Justices K. Lakshman and B. R. Madhusudhan Rao while hearing more than 120 criminal petitions filed by students, businesspersons and private employees named in prostitution-related cases across Telangana.
The court observed that the purpose of Section 370A(2) is to punish the exploitation of trafficked persons and not to automatically treat every customer as a trafficker.
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According to the judgment, a person cannot be prosecuted for trafficking solely because he sought sexual services. Criminal liability arises only when there is material to show that the customer was aware, or should reasonably have been aware, that the sex worker had been trafficked.
Court relies on Supreme Court rulings
While the state argued that the law was intended to punish those who create demand for trafficked persons, the High Court relied on Supreme Court rulings to clarify the legal position.
The bench held that a customer cannot be labelled a trafficker merely for seeking sexual services. However, if evidence shows that the person knowingly engaged a trafficked victim, prosecution under Section 370A(2) can proceed.
The ruling provides important clarity on the application of human trafficking laws and the circumstances under which customers can be held criminally liable.
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