itpa act

The Immoral Traffic (Prevention) Act defines ‘brothel’ as any house, room, conveyance or place or any portion of the house, room, conveyance or place which is used in the purpose of s*xual exploitation or abuse of one person for the gain of another person. Any such act carried out in any place where one person is being exploited for the gain of another in a s*xual or abusive manner, the person carrying out the act will be booked under the ITP Act. Section 2 of the Act further confirms it booking tenants, lessee, lessor, occupants, owners, landlords, or agents of such owners, landlords, and lessors who allow the business knowingly or willfully as part of the brothel. But in Chandru S v State in December 2017, the Karnataka High Court held that customers to the brothel are not offenders and cannot be booked under the ITP Act. Unless a penal provision is involved they cannot be held liable for the offenses. But in the above-given case, the act is being carried out at the client’s house which makes the client an occupant of the premise and can be thus booked under Section 2 of the ITP Act.