Mumbai police outstretch section 112 for prostitution cases
Mumbai police outstretch section 112 for prostitution cases
Mumbai Police has outstretched Section 112 for prostitution, cybercrime, and more, with a seven-year maximum penalty
Section 112 (Petty Organised Crime) of the BNS grants Mumbai Police the authority to address street crime. Earlier used against hawkers involved in petty organised crime, this section is now being applied to a broader range of offences, including prostitution rackets, cheating, snatching, cybercrime, and theft. The police interpret Section 112 as encompassing these activities as petty organised crime when a group or gang is involved. The section provides for a maximum penalty of seven years, and the offence is non-bailable.
DCP of Zone 2, Mohit Garg, reported that two cases of prostitution have been registered in his jurisdiction – one at DB Marg police station and another at VP Road police station – against four individuals, including two women. Earlier, the city police acted under the Immoral Trafficking Prevention Act (ITPA) 1956 and Section 110 (Behaving Indecently in Public) of the Bombay Police Act. Maximum punishment under ITPA is two years or a fine of R1,000, or both. However, Section 112 stipulates a minimum of one year and a maximum of seven years.
The cases at DB Marg and VP Road police stations were based on information provided to the police. Undercover agents were deployed to expose the prostitution racket in a residential building.
According to the FIR registered by DB Marg police station on July 28, the accused, Rekha Biswas and Kailash Yadav, were running a prostitution ring on the first floor of a residential building on Lamington Road.
The police busted the racket by sending an undercover agent who paid R1,000 to the women, and the same currency notes were recovered amidst the raid and cases were registered, and the accused were arrested.
Likewise, a second case was registered at VP Road police station against two accused, Anima Maitya and Chaynarobi Adhikari. The raid was conducted in a residential building in Girgaon with the help of undercover agents. “Multiple cases are being registered daily, and accused previously managed to escape with a fine or table bail, but Section 112 makes it difficult for them,” an officer said.
While local police stations are issued directives to use Section 112 in prostitution cases, the Social Service Branch of the Mumbai Crime Branch, which specialises in handling such cases, has yet to explore this provision.
As per the SS Branch, they are currently registering cases under the Immoral Trafficking Prevention Act (ITPA). However, it is also invoking Section 143 (Trafficking of Persons) of the BNS, replacing Section 370 of the Indian Penal Code (IPC), with a minimum punishment of 10 years.
According to R Ragasuda, DPC Enforcement, as of now, they are invoking Section 143 of the BNS and relevant sections of the ITPA
News Edit K.V.Raman
