Customers in Brothels Can Be Prosecuted Under ITP Act: Kerala High Court

The Kerala High Court has held that individuals availing sexual services in brothels can be prosecuted under Section 5(1)(d) of the Immoral Traffic (Prevention) Act, 1956 (ITPA). 

The court emphasised that such individuals are not mere "customers" but are inducing sex workers to continue prostitution by paying for their services and thus fall within the scope of the law.

The case arose from a raid conducted at a house in Thiruvananthapuram, where the petitioner was found with a sex worker.

While the Court quashed charges under Sections 3 and 4 of the ITP Act, it upheld prosecution under Sections 5(1)(d) and 7, reinforcing that customers are legally accountable for inducing prostitution.