Customers of S*x Workers Cannot Be Booked for Trafficking, Rules Telangana High Court
The Telangana High Court has clarified that a customer of a s*x worker cannot be prosecuted for human trafficking under Section 370 of the Indian Penal Code (IPC) merely for availing s*xual services. However, the Court held that such a person may face prosecution under Section 370A(2) IPC if it is proven that the s*x worker was a trafficked individual and the customer knew or had reason to believe so.
The Telangana High Court has clarified that a customer of a s*x worker cannot be prosecuted for human trafficking under Section 370 of the Indian Penal Code (IPC) merely for availing s*xual services. However, the Court held that such a person may face prosecution under Section 370A(2) IPC if it is proven that the s*x worker was a trafficked individual and the customer knew or had reason to believe so.
A Division Bench comprising Justice K Lakshman and Justice BR Madhusudhan Rao delivered the ruling while answering a reference arising from multiple criminal petitions involving individuals accused of being customers during raids conducted at brothels and premises allegedly used for prostitution. Consenting Adults in S*x Work Cannot Be Targeted by Police, Supreme Court Rules.
The Bench observed that Section 370 IPC is designed to punish traffickers and those involved in the process of trafficking, not customers seeking s*xual services. The Court held that a person who merely avails the services of a s*x worker cannot automatically be treated as a trafficker.
At the same time, the Court noted that Section 370A(2) IPC specifically addresses the exploitation of trafficked persons and seeks to penalise individuals who contribute to the demand that fuels trafficking. According to the ruling, prosecution under this provision would be maintainable only when there is material to establish that the s*x worker was a victim of trafficking and that the customer had knowledge or reason to believe this fact. Forced Unnatural S*x With Wife by Husband Cruelty, But Cannot Be Prosecuted as Rape: MP High Court.
The High Court further clarified that the mere presence of a person in the vicinity of a brothel or at premises where prostitution is allegedly taking place is not sufficient to invoke Section 370A(2) IPC. Investigating agencies must place material on record indicating that the accused engaged a trafficked person for s*xual exploitation and possessed the necessary knowledge regarding the trafficking.
Referring to the Supreme Court's landmark judgment in Budhadev Karmaskar, the Bench reiterated that voluntary s*x work by consenting adults is not illegal in India. The Court emphasised that voluntary s*x workers and their clients cannot be subjected to harassment by law enforcement authorities solely on that basis.
The ruling is expected to provide clarity on the scope of Sections 370 and 370A of the IPC and the legal distinction between trafficking offences and consensual transactions involving adult s*x workers.
(The above story first appeared on LatestLY on Jun 12, 2026 10:14 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).
