EMPEROR Vs. CHANDRI BAWOO

JUDGEMENT

(1.) We have been engaged for over an hour and a quarter in considering the question whether an alleged prostitute has been rightly fined Rs. 5. But the apparent minor nature of the offence is quite disproportionate to the points of general jurisdiction and policy involved.

(2.) Shortly stated, the accused alleges that she was wrongfully arrested under Section 10(1) of Bombay Act XI of 1923 (the Bombay Prevention of Prostitution Act, 1923) and that accordingly the Magistrate had no jurisdiction to hear the case and that consequently her conviction, notwithstanding her protest, was illegal.

(3.) Now under Section 10(1):-- Any police officer on complaint, and any police-officer authorized in this behalf by the Commissioner of Police by special order without such complaint, may arrest without a warrant any person committing, in his view, any offence punishable under Section 3, if the name and address of such person be unknown to such police-officer and cannot be ascertained by him then and there.