"10. Section 3 of the PITA Act, 1956 prescribes punishment for keeping a brothel or allowing the premises to be used as brothel. Section 4 of the Act, 1956, prescribes punishment for living on the earnings of prostitution. Likewise, Section 5 of the Act, 1956, prescribes punishment for procuring, inducing or taking person for the sake of prostitution. Therefore, as rightly submitted by learned counsel for the petitioner, those provisions does not attract to the customer who approaches a brothel house or a woman in prostitution. Thus, this Court is of the view that continuation of proceedings against the petitioner-Accused No.4, even as per the version of prosecution who is the customer, under the provisions of Sections 3 to 5 of the Act, 1956 is un-desirable. However, Section 370-A IPC prohibits exploitation of trafÏc in person. The said provision reads as under: "370A. Exploitation of a trafÏcked person.--(1) Whoever, knowingly or having reason to believe Dr.CSL, J CrlPNo.9565 of 2022 that a minor has been trafÏcked, engages such minor for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to seven years, and shall also be liable to fine. (2) Whoever, knowingly by or having reason to believe that a person has been trafÏcked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to five years, and shall also be liable to fine."
