Mumbai police expand use of section 112 for prostitution cases

Cops busted racket by using undercover agent. Representation pic

Section 112 (Petty Organised Crime) of the BNS grants Mumbai Police the authority to address street crime. Previously 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. Previously, 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.

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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 during the raid. "The cases were registered, and the accused were arrested," an officer said.

Similarly, 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 now instructed 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. According to the SS Branch, they are currently registering cases under the Immoral Trafficking Prevention Act (ITPA). However, the SS Branch is also invoking Section 143 (Trafficking of Persons) of the BNS, which replaces Section 370 of the Indian Penal Code (IPC), with a minimum punishment of 10 years. "So far, we are invoking Section 143 of the BNS and relevant sections of the ITPA," said R Ragasuda, DPC Enforcement.

"Prostitution itself is not illegal; it is legally permissible. However, the activities of pimps, agents, and those forcing individuals into this business are illegal. Previously, there were no stringent provisions against them; they would easily get away with a fine or table bail. Section 112 makes it difficult for them to secure bail, helping the police curb such street crime and creating fear among anti-social elements. This act will also protect the rights of women legally involved in prostitution. In addition to using Section 112 in prostitution cases, the police should apply it to cases related to pickpocketing, snatching, and cybercrime as they do with hawkers. However, they must ensure that legal hawkers are not wrongfully booked under these provisions," said Pravin Dixit, ex-DGP Maharashtra Police.

Advocate Trivankumar Karnani said, "Section 112 of the BNS Act has a broad scope and is largely ambiguous, granting the police the power to invoke it arbitrarily until judicial precedents are established or constitutional courts intervene to clarify its interpretation. Section imposes a blanket punishment of up to seven years for multiple offences, effectively transforming many petty crimes into serious offences under BNS. Most acts specified under this new section were previously addressed independently with distinct classifications of offences. Now, these acts are grouped under one section, potentially burdening courts and jails.

The act of prostitution is dealt with under the Immoral Traffic (Prevention) Act, 1956, which has established judicial precedents from the Bombay High Court and the Supreme Court of India. The new, ambiguous Section 112 of the BNS is prone to misuse unless judicial precedents or constitutional court intervention provide clarification."

Varsha Kale, activist and president of the Bhartiya Dance Bar Association, stated: "I have not yet read the provisions of the new law, but we will study it. If necessary, we will file a petition in court. Such laws can be extensively misused. In my career, I have observed that police rarely take action against pimps and agents who force young girls and women into prostitution, while action is consistently taken against women who are not doing anything illegal."