In the present case, the record shows a further consideration of interest and significance, as it affects the rights of the individual. The learned Public Prosecutor does not dispute that even a prostitute is entitled to the protection of her person; certainly, she is as much entitled to protection, as the most respectable women for instance, with regard to such offences as indecent assault or rape. Under Section 509 I.P.C, the intrusion upon the privacy of a woman, with an intention to insult her modesty, is an offence. No doubt as the learned Public Prosecutor urges, in Section 15 (6) of the Central Act 104 of 1956, the special police officer is exempted from liability in any civil or criminal proceeding, in respect of anything lawfully done for the purpose of the search. But I am quite unable to agree that this exemption could be utilised to conduct a search, in disregard of elementary decencies, even if they be decencies relating to a prostitute, in the manner disclosed, and most unfortunately disclosed, by the record in this case. Here, we have an instance of an officer, accompanied by witnesses, proceeding into the bedroom of an young girl and pushing open a closed door, without even the civility of a knock or other warning to her to prepare for the intrusion. Such conduct would be quite inexcusable, unless the officer thereby hopes to gather the evidence which is essential for proof of any charge. But, since prostitution is not an offence, I am really quite unable to see how the officer and party were justified in thus bursting into the bedroom of a girl and surprising P.W 1 and the third accused together in a state of undress. There can be no doubt that such conduct implies an outrage on the modesty of the girl; and I must reiterate that the modesty of a prostitute is entitled to equal protection, with that of any other woman. The technique of such raids must be totally altered; otherwise, grave abuses of the law might enter into the very attempt to enforce the law. I put it to the learned Public Prosecutor whether the officer would similarly think himself justified in proceeding into a bath-room, where an young girl suspected to be a prostitute was having a bath, in the hope of
