The BNS's Section 112 (Petty Organised Crime) gives
Mumbai Police the power to deal with street crime. This clause was previously applied to hawkers engaged in small-scale organised crime. In addition to prostitution, the police is applying Section 112 to instances involving pickpocketing, snatching, and cybercrime in addition to prostitution crimes.
When a group or gang is engaged in such activities, the authorities impose Section 112 to include these actions as minor organised crime.
The offence is not subject to bail and has a maximum sentence of seven years according to this provision.
According to Zone 2 DCP Mohit Garg, two prostitution cases against four people, including two women, have been reported to him. The first instance was at the VP Road police station, and the second was at the DB Marg police station. The Immoral Trafficking Prevention Act (ITPA) of 1956 and Bombay Police Act Section 110 (Behaving Indecently in Public) were the previous laws that the city police operated under. The ITPA allows for a maximum sentence of two years in prison, an INR 1,000 fine, or both. Except that Section 112 sets a maximum of seven years and a minimum of one year.
Based on information that was given to the police, cases were registered and investigations were carried out at the police stations on VP Road and DB Marg. To expose the prostitution ring in a residential building, undercover officers were sent in. In the first floor of a residential property on Lamington Road, the accused, Rekha Biswas and Kailash Yadav, were operating a prostitution ring, according to the FIR filed by the DB Marg police station on July 28. By sending an undercover agent to pay the women R1,000, the police were able to smash the scam, and the same cash notes were found during the raid. The accused were taken into custody, according to a police official, and the cases were registered.
Another case was being investigated parallel to the first. Anima Maitya and Chaynarobi Adhikari were the targets of a second complaint that was filed at the VP Road police station. With the assistance of undercover agents, a residential block in Girgaon was the site of the raid.
As per an official from the Mumbai police, there are many cases that are registered every day. In the past, accused people have been able to get away with a fine or pay bail, but Section 112 makes it harder for them.
The Mumbai Crime Branch's Social Service Branch, which specialised in handling prostitution cases, has not yet investigated Section 112, despite the fact that local police stations are currently mandated to utilise it in such circumstances. As to the SS Branch, cases under the Immoral Trafficking Prevention Act (ITPA) are presently being registered. But Section 143 (Trafficking of Persons) of the BNS, which takes the place of Section 370 of the Indian Penal Code (IPC) and carries a minimum 10-year sentence, is also being used by the SS Branch.
As of right now, we are using pertinent provisions of the ITPA as well as Section 143 of the BNS, said R. Ragasuda, DPC Enforcement.
Former Maharashtra Police DGP Pravin Dixit stated that prostitution is legal and not unlawful. It is unlawful, when pimps, agents, and others force people into this line of work to engage in such acts. They would frequently escape with a fine or table bail in the past since there were inadequate laws against them. Police are able to reduce street crime and instill fear among anti-social elements by using Section 112 to make it more difficult for them to obtain bail. The legal rights of women who engage in prostitution will also be safeguarded by this statute.
He said that the police should apply Section 112 to instances involving pickpocketing, snatching, and cybercrime in addition to prostitution crimes. They ought to do the same with hawkers. But they have to make sure that these restrictions don't inadvertently book legitimate hawkers.
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