Lawstreet Journal

A prostitute is herself an exploited person as per S. 370 of IPC (Trafficking of person), hence charges under S. 370 can’t be framed against her: MP HC [READ ORDER]

Lawstreet Journal 2 Jun 2020 6:30pm

Image courtesy: Lawstreet Journal Judiciary A prostitute is herself an exploited person as per S. 370 of IPC (Trafficking of person), hence charges under S. 370 can’t be framed against her: MP HC [READ ORDER]

A Single Bench of Justice Rajendra Kumar Srivastava of the High Court of Madhya Pradesh, Jabalpur in a criminal revision matter held that the Prostitute is her a victim of trafficking, hence charges under S. 370 cannot be framed against her. Judgment to this effect was delivered on May 20, 2020. 

Background of the Case:

Accused/Petitioner had filed Criminal Revision under Section 397 (Calling for records to exercise powers of revision) read with Section 401 (High Court's powers of revision) of Cr.P.C. to set aside the order passed by II Addl. Sessions Judge, Niwari, District Tikamgarh, whereby ASJ had framed the charge against the accused/petitioner under Section 370 (Trafficking of person) of Indian Penal Code, 1860 (IPC).

S. 370. Trafficking of person. —

(1) Whoever, for the purpose of exploitation, (a) recruits, (b) transports, (c) harbors, (d) transfers, or (e) receives, a person or persons, by—

First. —using threats, or 

Secondly. —using force, or any other form of coercion, or 

Thirdly. —by abduction, or 

Fourthly. —by practicing fraud, or deception, or 

Fifthly. —by abuse of power, or 

Sixthly. — by inducement, 

 (2) Whoever commits the offense of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine.

On June 02, 2017, Sub Divisional Officer (P) Prithvipur, had received information that the act of prostitution was going on in the Residency Hotel at Prithvipur. Thereafter, he reached on the spot with other police officials. He found that the accused/petitioner… Continue Reading...


Tagged: Madhya Pradesh High Court  
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