Madras HC Quashes Case Against Two Over Alleged Prostitution Offer, Citing Search By Officer Not Authorized Under ITPA

The second respondent alleged that, on 10 December 2024, petitioner/A1 invited him to a place in Coimbatore where women were allegedly soliciting for prostitution.

Following his complaint, the police registered Crime No. 778 of 2024 for offences under Sections 3(2)(a), 4(2)(c) and 5(1)(d) of the Immoral Traffic (Prevention) Act, 1956.

The petitioners sought to quash the resulting proceedings in C.C. No. 1376 of 2025 under Section 528 of the BNSS, arguing, among other things, that the case was false and that the police had not complied with Section 15 of the Act.

Section 15 of the Immoral Traffic (Prevention) Act, 1956 governs searches without warrant by a Special Police Officer or Trafficking Police Officer.

As set out in Kadek Dwi Ani Rasmini and others v. K. Natarajan and others, 2019 (1) LW Crl 94, such a search requires, among other things, reasonable grounds to believe that an offence under the Act has been or is being committed in respect of a person living on the premises, a belief that obtaining a warrant would cause undue delay, and prior recording of the grounds for that belief.

The provision also prescribes safeguards concerning witnesses and the presence of women police officers.

The petition was brought under Section 528 of the BNSS, which the Court invoked as the basis for considering the request to quash the proceedings.

The Court found that the inspection in this case was not carried out by a Special Police Officer or a Trafficking Police Officer and that the officer who conducted it was not authorised under Section 15.

Applying the mandatory requirements of that provision, as discussed in Kadek Dwi Ani Rasmini, the Court concluded that a search or inspection not conducted in accordance with Section 15 could not sustain the resulting proceedings.

It allowed the petition and quashed the proceedings in C.C. No. 1376 of 2025 on the file of the Judicial Magistrate, Additional Mahila Court, Coimbatore; the connected miscellaneous petitions were closed.