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9. The pendency of a dozen criminal cases spanning more than a decade against the appellant under the ITP Act having been disclosed in the course of investigation, the investigating agency sought and obtained sanction for prosecuting the appellant under the provisions of Sections 4, 5 and 8 ITP Act, Section 3 of the MCOCA and Sections 420/120B IPC, which was granted by the order of the Addl. CP/Crime dated 11.10.2005. On 14th October, 2005, the appellant Kamaljeet Singh and five others were charge-sheeted for offences punishable under Sections 4/5/8 ITP Act, Sections 420/120B IPC and Sections 3 and 4 of the MCOCA. The charge-sheet unravelled the long association of accused Arvinder Pal Singh and his co-accused with the kingpin, Kamaljeet Singh, for more than a decade.

23. Next, Mr. Lekhi urged that the learned Special Judge, Mcoca, New Delhi failed to appreciate that Section 2(f) of the ITP Act as amended defines prostitution as "the sexual exploitation or abuse of persons for commercial purposes". The ITP Act, 1956 was amended in 1986 and prior to the 1986 amendment, the word prostitution was defined to mean "the act of a female offering her body for promiscuous sexual intercourse for hire whether in money or in kind, and whether offered immediately or otherwise, and the expression "prostitute" shall be construed accordingly". The intent of the legislature in substituting the present definition of prostitution in place of the previous definition by the Amending Act No. 45 of 1986 was to prevent the sexual exploitation and abuse of girls and hence the act of a major female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind, on her own volition and without any threat, pressure or coercion was not intended to be covered by the present definition. In the absence of an allegation in the F.I.R. that the girls were abused or sexually exploited so as to force them to offer their body for promiscuous sexual intercourse, the offences under Sections 4, 5 and 8 of the ITP Act, 1956 as amended till date are not made out against the appellant.

29. In the alternative, Ms. Gupta submitted that assuming arguendo that the words "other unlawful means" are vague, even then the offences under ITP Act would fall within the ambit of "other unlawful means" as cognate to violence, threat of violence, intimidation and coercion. 'Prostitution' is a form of physical violence where the body of a woman is sexually abused. 'Prostitution' is defined under the ITP Act as "the sexual exploitation or abuse of persons for commercial purposes". The meaning of the words threat, violence, intimidation and coercion as defined in the CHAMBERS DICTIONARY (1983 Edition) are as under:

In The Court of Ms. Reena Singh Nag, Cmm, Delhi P.S. Chanakya Puri Under Section 4/5/8 ITP Act And Section 3 Of MCOC Act.
State Versus Neeraj Chopra 29.9.05 Present: Shri Kumar Gyanesh IO ACP AATS.

Accused Neeraj Chopra @ Dev Chopra @ sunny s/o Gurmeet Singh produced in police custody in case FIR No. 96/05 under Section 4/5/8 ITP Act and 3 of MCOC Act, Sections 420/120B IPC, P.S. Chanakyapuri. An application has been moved intimating regarding the confessional statement of the aforesaid accused recorded under the provisions of Section 18 of MCOC Act. A sealed envelope intact with the seal of DCP, CP Delhi has also been produced which consists of confessional statement of the accused for further necessary action. I have sent the ACP and the constable in whose custody, accused has been produced outside the chamber. It is 10:30 a.m. It may be pointed out that this accused was produced on 28.9.05 also at 4:20 p.m. Accused was produced in police custody for the aforesaid purpose. Since I was to go to computer class at Karkardooma Judicial Academy, the case was fixed for today in the morning. There is no one in the chamber and the proceedings are being recorded on dictation being given to Mrs. Sunita Seth. I have also verbally interrogated from the accused as to what he wants to state today to which he stated that he has nothing to say. I have gone through his confessional statement produced before me today in sealed envelope on the basis of the same I have enquired from the accused whether he was produced before DCP on 28.9.05 to which he has replied in affirmative. It would be apt if his statement is recorded. Statement of accused Neeraj Chopra @ Dev Chopra @ Sunny s/o Gurmeet Singh, age 32 years R/o A-117, Sharda Puri Ramesh Nagar studied up to a Fine Arts (Under Graduate) can read Hindi, English and Gurmukhi, helping his father in his interior decoration business.