Telangana High Court rules customers of sex workers cannot be prosecuted for trafficking

The Telangana High Court in Hyderabad ruled on June 12, 2026, that customers of sex workers cannot be prosecuted for the offence of trafficking under Section 370 of the Indian Penal Code (IPC) solely for availing sexual services.

A Division Bench comprising Justice K Lakshman and Justice BR Madhusudhan Rao delivered the ruling while answering a reference arising from a batch of criminal petitions. These petitions involved individuals who were accused of being customers during police raids conducted at brothels and other premises allegedly used for prostitution.

The Bench clarified that Section 370 of the IPC, which deals with the trafficking of persons, is specifically intended to punish traffickers rather than the customers who seek their services. The court held that a person who merely seeks sexual services cannot be treated as a trafficker under the law.

However, the High Court noted that customers could still face prosecution under Section 370A(2) of the IPC. This section targets the exploitation of trafficked persons and penalises those who create the demand for trafficking.

For a prosecution under Section 370A(2) IPC to be maintainable, the court ruled that there must be clear material showing that the sex worker was indeed a victim of trafficking. Additionally, the prosecution must prove that the customer knew or had reason to believe that the person had been trafficked. The court stated that the existence of such knowledge would depend on the specific facts and circumstances of each individual case.

Addressing the issue of customers found during raids, the Bench ruled that a person's mere presence in the vicinity of a brothel or at premises where prostitution is carried on is not enough to attract charges under Section 370A(2) IPC. There must be active engagement of a trafficked person for sexual exploitation, alongside the customer's knowledge of the trafficking.

The Bench also referred to the Supreme Court’s landmark decision in the Budhadev Karmaskar case. It reiterated that voluntary sex work by consenting adults is not illegal in India, and law enforcement agencies cannot harass voluntary sex workers or their clients on that basis.