A sells a minor girl (who was leading an immoral life in past), for the purpose of prostitution. A is prosecuted under Section 372, I.P.C. (selling minor for purposes of prostitution). During prosecution, A takes the defence that the girl whom…

Question: A sells a minor girl (who was leading an immoral life in past), for the purpose of prostitution. A is prosecuted under Section 372, I.P.C. (selling minor for purposes of prostitution). During prosecution, A takes the defence that the girl whom he sold has already led an immoral life, so Section 372 will not come into play and he cannot be convicted under this Section. Is the defence taken by A, a good defence? Give reasons and also refer to the case law, if any, on the point.

Find the answer to the mains question only on Legal Bites. [A sells a minor girl (who was leading an immoral life in past), for the purpose of prostitution. A is prosecuted under Section 372, I.P.C. (selling minor for purposes of prostitution). During prosecution, A takes the defence that the girl whom…]

Answer

A is liable under Section 372 which provides punishment for selling a person under the age of eighteen years of either sex for the purpose of prostitution, illicit intercourse or for any other immoral purpose.

Section 372: Selling minor for purposes of prostitution, etc.

Whoever sells, lets to hire, or otherwise disposes of any person under the age of eighteen years with the intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or

knowing it to be likely that such person will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

For invoking the provisions of Section 372, the prosecution is required to prove that the accused has sold or let to hire a person under the age of eighteen years with intent or knowledge that the person would be used for either of the purposes mentioned therein.

Such a person may be of either sex, married or unmarried or leading an immoral life prior to sale or purpose. This was clarified by the Bombay High Court in the case of Emperor v. Ismail Rustamkhan (1906) 8 Bom LR 236.

Since it is immaterial whether the minor was earlier leading an immoral life prior to sale or purpose, A cannot take the defence that girl whom he sold has already led an immoral life, so Section 372 will come into play and he will be given punishment accordingly.

The offence is complete the moment there is a sale or letting to hire a minor with the intent specified in Section 372.

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