Landlord not Liable under Immoral Traffic (Prevention) Act if Premises is used as a Brothel without Knowledge, Rules Karnataka HC

Karnataka High Court SC&HC JUDGES PADMA/STATE AWARDS

Anurupa Pal

Published on: March 25, 2022 at 17:41 IST

The Karnataka High Court Quashed Criminal Proceedings that were initiated against a person under the Immoral Traffic (Prevention) Act of 1956 on the Ground that the man was unaware that the Brothel was run from the Premises he rented out.

The Bench of Justice M Nagaprasanna allowed the Petition filed by the Petitioner after noting that even the Police acknowledged that the Accused was unaware that the Premise he rented out was used as a Brothel.

The Petitioner had rented out his premise to the Accused and a Rent Agreement was Executed for the same.

When the Search of the said Premise was done by Police they discovered that it was Run as a Brothel and the Accused and the Landlord were Booked under Indian Penal Code Provisions and also under the Immoral Traffic (Prevention) Act of 1956.

In his Reply to the Police’s Notice the Petitioner clarified that he was unaware that his house was used as a Brothel but when the Police filed a Charge-sheet against him the Petitioner moved the High Court.

According to the Court the Criminal Proceedings cannot be allowed to continue in the Matter as the Petitioner had no knowledge about the Brothel and the Police have confirmed the same.

Hence, The Court Quashed the Criminal Proceedings that were initiated against the Petitioner-Landlord.

Also Read: Human Trafficking for the purpose of Prostitution

Related Post