IPC Section 373
IPC Section 373: Buying or Hiring Person for the Purpose of Prostitution
⚖️ Legal Text of Section 373:
Section 373:
Whoever buys, hires, or otherwise obtains possession of any person with the intent that such person shall be employed or used for the purpose of prostitution shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.
🧾 Explanation:
Section 373 deals with human trafficking or exploitation for prostitution.
It criminalizes the act of buying, hiring, or otherwise taking control or possession of a person to force or use them in prostitution.
The offense is considered serious due to the violation of personal liberty and the exploitation involved.
✅ Key Elements of Section 373:
Actus Reus (Guilty Act):
Buying, hiring, or obtaining possession of a person.
This includes any form of control or custody, not necessarily through payment but by any means.
Mens Rea (Guilty Mind):
The intent that the person will be used or employed for prostitution.
Prostitution:
It refers to the engagement in sexual activities for money or other benefits.
Punishment:
Imprisonment: Up to 5 years (simple or rigorous imprisonment).
Fine: The offender can also be fined.
👮♂️ Purpose of the Law:
To protect individuals from being exploited and trafficked for prostitution.
It targets those who facilitate or profit from the exploitation, not the person being prostituted.
Helps in combating human trafficking and forced prostitution.
👩⚖️ Example Scenario:
If a person hires a woman with the intention to make her work as a prostitute, he is liable under Section 373.
It applies regardless of whether the person actually ends up working as a prostitute or not; the intent and act of buying/hiring alone constitute the offense.
Important Note:
This section is often used in conjunction with other laws related to trafficking and sexual exploitation, such as the Immoral Traffic (Prevention) Act.
The focus is on preventing trafficking and forced prostitution, not punishing the victim.
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