Mumbai Police New Move: Section 112 Now Targets Prostitution; Key Cases Unveiled

The Mumbai Police have recently broadened their application of Section 112 (Petty Organised Crime) of the Bombay National Security Act (BNS) to tackle a wider array of offences, including prostitution rackets, according to Midday. Historically used to address petty organised crimes involving hawkers, this section is now being employed against various criminal activities such as cheating, snatching, cybercrime, and theft. Section 112 allows for a maximum penalty of seven years, with the offence being non-bailable.

Recent Cases

Deputy Commissioner of Police (DCP) for Zone 2, Mohit Garg, reported that two prostitution-related cases have been registered in his jurisdiction-one at DB Marg police station and another at VP Road police station. These cases involve four individuals, including two women.

Previously, the police addressed such cases under the Immoral Traffic Prevention Act (ITPA) 1956 and Section 110 (Behaving Indecently in Public) of the Bombay Police Act. The ITPA stipulates a maximum punishment of two years or a fine of Rs 1,000, or both. In contrast, Section 112 mandates a minimum of one year and a maximum of seven years in prison.

The cases at DB Marg and VP Road police stations were initiated based on information received by the police. Undercover agents were deployed to uncover prostitution rackets operating within residential buildings. At DB Marg police station, an FIR dated July 28 detailed that Rekha Biswas and Kailash Yadav were running a prostitution ring on Lamington Road. The police conducted a raid after an undercover agent paid Rs 1,000 to the women, and the same notes were recovered during the operation. "The cases were registered, and the accused were arrested," an officer confirmed.

Similarly, a second case was reported at VP Road police station involving Anima Maitya and Chaynarobi Adhikari. This raid, conducted with the help of undercover agents, targeted a prostitution racket in a residential building in Girgaon. "With the introduction of Section 112, multiple cases are being registered daily. Previously, offenders could evade strict penalties through fines or bail, but Section 112 significantly complicates their chances of obtaining bail," noted an officer.

Current Practices

While local police stations are now directed to utilise Section 112 for prostitution cases, the Social Service Branch of the Mumbai Crime Branch, which deals specifically with such cases, has yet to adopt this provision. Currently, the SS Branch continues to use the Immoral Traffic Prevention Act (ITPA) but is also applying Section 143 (Trafficking of Persons) of the BNS, which replaces Section 370 of the Indian Penal Code (IPC) and carries a minimum sentence of 10 years. R Ragasuda, DCP Enforcement, stated, "We are still invoking Section 143 of the BNS and relevant sections of the ITPA."

Pravin Dixit, former Director General of Police (DGP) for Maharashtra, commented in Midday on the broader implications of Section 112. "Prostitution itself is not illegal; however, the activities of pimps, agents, and those coercing individuals into this business are. Previously, offenders could easily escape with minimal penalties. Section 112 introduces stricter measures, making it harder for such individuals to obtain bail and thus curbing street crime. This provision will also safeguard the rights of women legally involved in prostitution. Moreover, Section 112 should be applied to other street crimes like pickpocketing, snatching, and cybercrime, ensuring that legal hawkers are not wrongly targeted."

Concerns Over Misuse

Advocate Trivankumar Karnani expressed concerns in Midday about the broad scope and ambiguity of Section 112, suggesting it grants the police significant power to invoke it arbitrarily until judicial precedents are set. "Section 112 groups various petty crimes under one provision, potentially overwhelming the courts and jails. Prostitution is already addressed under the ITPA, which has established judicial precedents. The new Section 112 could be prone to misuse unless clarified by higher courts," he said.

Varsha Kale, activist and president of the Bhartiya Dance Bar Association, voiced concerns about the potential misuse of the new law. "While I have not yet reviewed the new provisions in detail, we will examine them thoroughly. If necessary, we will seek judicial intervention. Historically, police action has been inadequate against pimps and agents, while women in prostitution are often unfairly targeted despite their legal status."