Prostitution and Analysis of Law

*Criminal Law - Immoral Traffic (Prevention) Act, 1956 - Section 3 - "Punishment for keeping a brothel or allowing premises to be used as a brothel" - Section 370 of IPC - "Trafficking of Person"* - Accused argued that there is nothing on record to suggest that the rescued victim girls indulged in prostitution - It was noted that the statements of the victim girls are more or less stereotypical in nature where they say that they get a fixed salary and commission per customer in return of the massage services. They also say that in the said Spa there are only female masseurs who give massage to male clients - Section 370 of the IPC, which deals with the offence of trafficking, makes it an offence to recruit, transport, harbour, transfer or receive a person by using threats or force or any other form of coercion or by abduction or by practising fraud/ deception or by abuse of power or by inducements. he first explanation to the said Section sets out an inclusive definition of the expression “exploitation” - The definition of the expression “exploitation” is not an exhaustive definition but an inclusive one. Thus, whether a particular act would come under the definition of the expression “exploitation” would depend upon the facts of each case. The second Explanation states that the consent of the victim is immaterial in determining the offence of traficking. - *Mahendra Salgaonkar v. State [2026] GCtR 196 (Goa, Bombay)*