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SECTION 370 IPC CANNOT BE APPLIED TO VICTIM OF HUMAN TRAFFICKING : MADHYA PRADESH HC

Updated: Jun 6, 2020



The petitioner, a sex worker filed a Criminal Revision Petition No. 789/2019 under the court. The petitioner was charged under section 370 IPC and also under sections 3,4,5,6 of Immoral Trafficking (prevention) Act, 1956.


The court in this petition has clarified that the objective of the provision is to catch the person who exploits human beings and not to punish the victims who have been exploited thyself. The court here relied upon the Verma committe Report over the Problematic formulation of Section 370. The court further noted that the sex workers are being exploited section of the society, charging them under section 370 contending that they exploited themselves would make them more vulnerable. Furthermore, the court observed that the charge framed against the petitioner is erroneous.


Finally, in the words of the court, "Admittedly, the accused/petitioner is a lady and she cannot be considered to be exploiting herself, so as to bring her within the ambit of Section 370. In fact, she is the person who would be considered as being exploited under section 370 IPC". Consequentially the High Court of Madhya Pradesh held that the women involved in prostitution is a victim of Human trafficking and cannot be charged under Section 370 IPC for Human Trafficking.



By: S Indhu

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