BENGALURU: Police sub-inspectors (PSIs) are acting like judicial magistrates by releasing those taken into custody during raids on brothels in the city without producing them before magistrates.
Also, PSIs are conducting raids and investigating cases related to brothels, though they are not authorised to do so under the Immoral Traffic (Prevention) Act (ITP Act). Only a police officer not below the rank of inspector is authorised to raid or conduct investigation as per Section 13 of the ITP Act and file the chargesheet. With PSIs acting contrary to the law, the courts are forced to release the accused who push victims into brothels.
The XLV Additional City Civil and Sessions Court on January 14 acquitted five accused in a case registered under the ITP Act and Section 370 of IPC by the City Market Police on November 7, 2022, after raiding a lodge where a prostitution racket was being run by trafficking two girls and by restraining them wrongfully. A PSI conducted the raid, investigated and sent the victims back along with their relatives a day after the raid without producing them before the magistrate.
In a similar case, the court acquitted two other accused on December 22, 2025 in a crime registered by the Yeshwanthpura police, who had raided a brothel. The PSI rescued two women from West Bengal and sent them to Ujwala Kendra Mahila Nilaya a day after the raid, without producing them before the Magistrate.
“It is a surprise to note how the PSI can use the powers of the Magistrate in handing over the victims without verification or enquiry, and not subjecting the victim to a medical examination. The PSI or any police officer has no power to release the victims except producing them before the Magistrate concerned,” said Judge E Rajeeva Gowda, noting that these are the grounds, among others, to acquit the accused in cases under ITP Act.
The judge said PSI’s act is completely contrary to the provisions of the ITP Act. Also, PSIs did not follow the guidelines issued by the National Legal Services Authority related to victims. This shows how police officers carry out investigation, though not recognised under the ITP Act. The entire investigation carried out by this PSI vitiates the chargesheet. It is clear that the prosecution has completely failed to prove the guilt of the accused beyond a reasonable doubt, the court added.
Training needed for PSIs
The court directed the registry to send copies of judgments to the police commissioner, jurisdictional DCPs and ACPs to give necessary instructions or to train PSIs on ITP Act, a Special Act, and also to take necessary action and submit a compliance report.