A customer cannot be criminally liable under the Immoral Traffic (Prevention) Act unless actively involved in inducement or procurement.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR TUESDAY, THE 177" DAY OF FEBRUARY 2026 / 28TH MAGHA, 1947 CRL.MC NO. 9565 OF 2025 CRIME NO.416/2025 OF Kadavanthra Police Station, Ernakulam FIR NO.416 OF 2025 OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM PETITIONER/ACCUSED VISHNU P.V AGED 27 YEARS S/O. VISWAMBHARAN, AGED 27 YEARS, VISHNUBHAVAN, THURUTHI, VAZHAPPALLI VILLAGE, KOTTAYAM DISTRICT, PIN - 686103 BY ADVS.

SHRI.BABY THOMAS SHRI .K.K.MOHANDAS SMT.MARIAMMA JOSEPH SHRI.BIJU GEORGE SRI.INDRAJITH S KAIMAL SHRI.ALBERTHOVE FRANCIS.M.G. SMT.EHLAS HALEEMA C.K. SMT.ALICIA JOSE SHRI.JOHNY GEORGE RESPONDENTS/STATE/COMPLAINANT 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER KADAVANTHRA POLICE STATION, ERNAKULAM DISTRICT, PIN - 682020 PP. SMT. ANIMA.M THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

4.2.2026, THE COURT ON 17.02.2026 PASSED THE FOLLOWING:

ORDER

Dated : 17" February, 2026

The 4" accused in crime No.416/2025 of Kadavanthra police station filed this petition under Section 528 of B.N.S.S, praying for quashing all further proceedings against him. The offences alleged in the FIR are under Sections 3(1), 3(2)(a) of the Immoral Traffic (Prevention) Act, 1956 (for short, the Act).

2. As per the prosecution case, the accused persons | and 2 with the intention to make earnings by running a brothel, took on rent a two-storied building at Gandhi Nagar and have been conducting a brothel therein. The 3"

accused came there after paying consideration online and used the service of one of the ladies kept there for his sexual needs and thereby they are alleged to have committed the aforesaid offence. Accused No.3 referred to in the FIR is the petitioner herein, who is now arrayed as accused No.4.

3. According to the learned counsel for the petitioner, as per the allegations in the FIR, the petitioner is only a customer and as such, the offences in the FIR will not lie against him. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor. According to her, subsequently Sections 5(1)(a), 5(1)(d) and 7(1) ha 120 26/KER/14343 sii - 2026:KER:14343 (b) of the Act and Section 143(1)(f), 144(2) r/w 34 BNS were also revealed and therefore, she prayed for dismissing the petition.

5. Section 3 of the Act deals with punishment for keeping a brothel or allowing premises to be used as a brothel and as such, the above provision does not apply to the petitioner.

6. The learned Public Prosecutor, relying upon the decision of this Court in Sarath Chandran v. State of Kerala, 2025 (6) KHC 25, would argue that in this case Section 5 is attracted.

7. Section 5 of the Act reads as follows :-

“5. Procuring, inducing or taking woman or girl for the sake of prostitution.

(1) Any person who- (a) procures or attempts to procure a woman or girl, whether with or without her consent, for the purpose of prostitution; or (b) induces a woman or girl to go from any place, with the intent that she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or

(c) takes or attempts to take a woman or girl, or causes a woman or girl to be taken, from one place to another with a view to her carrying on, or being brought up to carry on prostitution; or

(d) causes or induces a woman or girl to carry on prostitution;

shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committee against the will of any person, the punishment of imprisonment for a term of

“

“s 120 26/KER/14343 shin:

Crl.M.C.9565/25 2026:KER:14343 seven years shall extend to imprisonment for a t