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Showing contexts for: prostitution in State vs . 1. Nazma Khatun on 3 July, 2009Matching Fragments
(a). the purpose of prostitution, or
(b). illicit intercourse with any person, or
(c). any unlawful and immoral purpose.
An offence under this section, which is aimed at disposing of a girl necessarily involves two parties to the transaction.
The word "disposal" in sec.372 of the Penal Code necessarily connotes some control by the person disposing over the minor disposed of. The mere direction of the minor or recommendation to her to go to a brothel does not constitute a "disposal" of the minor within the meaning of sec.372 of the Penal Code.
The idea underlying prostitution is that a woman should surrender for a monetary consideration to some one who is not in law entitled to have sexual intercourse with her.
In order to attract this section, the purpose of employment or use of a minor girl must be unlawful as well as immoral. The word 'unlawful' is to be construed ejusdem generis with the word "immoral".
The offence under this section consists in the intentional or conscious exposure of the minor to the danger of degradation. The State Vs. Nazma Khatun etc. Page No. 35 of pages 52 requisite intention or knowledge must exist at the time of the disposal. The intention or knowledge may be gathered from the facts and circumstances of the case and from the consequences flowing from the Act.
(a). for the purpose of prostitution, or
(b). illicit intercourse, or
(c). any unlawful and immoral purpose.
The person under the age of eighteen years may be married or unmarried and need not be in the keeping of a lawful guardian.
The word "buys" is used in the same correlative sense as the term "sells" in sec.372. The term "hires" does not refer to a casual connection had no payment.
Under section 372 & 373 IPC, there must be making over of State Vs. Nazma Khatun etc. Page No. 36 of pages 52 possession of the minor girl either by sale or by hire or by some similar arrangement in order that a case may come within the mischief of the law.
The requisite intention or knowledge must exist at the time of buying, hiring or obtaining possession of the minor. As the section speaks of employment or use "at any age", therefore, it is not necessary that the intention should be to use the minor girl immediately for the purposes of prostitution.