The Kerala High Court has ruled that customers allegedly found at a brothel may face prosecution under the Immoral Traffic (Prevention) Act even when alleged victims later retract their accusations.
In Praveen Sodharan v State of Kerala, decided on 23 September 2026, six accused sought to quash proceedings arising from a police search of a spa. Several women filed affidavits denying coercion or exploitation.
Justice Jobin Sebastian held that recantation alone could not extinguish a prosecution at the threshold where the investigation produced disputed factual material requiring trial. The Court found insufficient material to treat four alleged customers as managers, recruiters or harbourers, and quashed charges under Section 143 of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the trafficking law against them.
However, their alleged purchase of sexual services could support charges under Sections 5 and 7. The Court also allowed the alleged operators’ prosecution to continue, leaving trafficking and evidentiary questions to the trial court.