• Laws on prostitution in India

First of all I apologize for what I did , nevertheless about 40 hrs ago on Wednesday it happened and I am quite worried. That day I went to meet a girl on payment, prostitution. She had called though she is not known to me and is not my girlfriend. They were infact two. It appears the other one waiting outside called hands in glove police. Two policewalah came, one in civil dress and one in uniform. I could not see their names.or badges. We had not had sex by that time though we were about to have. I was without clothes. The other girl knocked and they barged in took some snaps or small video whatsoever. The inside girl was dressed. Upon intense pleading and negotiation for payment of 1 lac( initially they demanded5 lacs) they let me go and I saw girls also go. But they did not take us to police station and register a case and produce in court. Though they had threatened that bail will have to be taken and Can I call someone for help which I denied. Then they did not want to go in my car to take money and I did not agree for going in any other vehicle. They did not offer to go in police vehicle.Now the question is though I regret what I was doing but can a case be registered even after 2-3 days without any snap of uncompromising position or used condom. and on what ground because I do not run the brothel. One thing they did not allow me to take my underwear, it is still lying there. It was a house of someone I do not know but girls had arranged . They gave back my ID and cellphone which initially they had taken.I am worried what can happen. Yesterday was thursday and they knew my office , as I had told on enquiry, yet they did not come . today is holiday. Whether to give the money if they really come as agreed but How to stop blackmailing if they really come back again to take money and again blackmail. How to expose the nexus if I decide so. What mistakes I have done which are punishable. Where I am weak? What should I do apart from wait and watch? what are the chances that a case will be registered and I will be blackmailed? How to confront them ? Though internally I want to pay Rs1 lac as agreed and close the issue.The girls were not minors. I know I should not have gone but now pls help and advice. I am law abiding and there is no case whatsoever in the past though I am a big fish for them . Internally I feel I have something in my favour as I was not involved in trafficking or running a brothel or soliciting customer though I became a customer on their call. I am extremely sorry for landing myself in to trouble and troubling you.
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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8 Answers

1) refuse to pay Rs 1 lakh

2) once you make payment they will continue to extort money from you

3) it appears girls in collusion with cops are running a racket to trap unsupecting males and extort money

4) in case any case is regsitered against you police would issue you notice to record your statement

5) apply for and obtain bail .

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

A client is guilty of consorting with prostitutes and can be charged if he engages in sex acts with a sex worker within 200 yards of a public place or "notified area". (Imprisonment of up to 3 months, ) The client may also be punished if the sex worker is below 18 years of age. (From 7 to 10 years of imprisonment, whether with a child or a minor

2) you can apply for bail

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) it means they want to extort money from you

2) case can still be registered against you

3) it is necessary to peruse allegations made in FIR to advise the line of defence

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

means they want to extort money from you

2) case can still be registered against you

3) it is necessary to peruse allegations made in FIR to advise the line of defence

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. What you have done is an offence under the Immoral Trafficking Prevention Act which entails a prosecution and punishment for up to 3 months. If stringent provisions are clamped against you then you may suffer imprisonment for up to 7 years. If cops cook up a story that you participate in trafficking of women then you will be staring at a jail term of 7 years. So you are not a 'law abiding citizen', unlike you put it.

2. The case can surely be registered even after 3 days. Should they decide to register the case they will not issue summons to you, they will come and directly arrest you. You should now make an informed decision.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

In India, prostitution (the exchange of sexual services for money) is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, prostitution in a hotel, child prostitution, pimping and pandering, are crimes.

A kerb crawler (or curb crawler) is a person who drives around areas known for street prostitution soliciting prostitutes for sexual activity. The act is known as "kerb crawling" because the person will typically drive very slowly along the kerbside.

I dont think you were a kerb crawler.

Clients who consort with prostitutes or indulge in such activities within 200 yards of a designated area can be imprisoned for a maximum of 3 months and they need to pay fines for the same as well.

In your case the alleged police personnel also may be frauds involved in the crime to extort money from innocent victims like you in connivance with the call girls.

In the event of the policemen approaching you once again for the money, you may agree to give them, but you may alert the DVAC police to trap and nab the culprits.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

The punishment will be fine or 3 months imprisonment, but this you can appeal and get out, however the extortion demand should not be met, ask them to proceed. They may not be able to prove the crime at a later stage.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Since they did not make arrests alongwith the girls as they normally do and produce in court what does it mean? They also did not summon me till these 48 yrs. Therefore is there still a chance of registering a case without me and girls? And what best defence I have if there is a possibility.

The actions in such cases are spontaneous. The police cannot take their own time to register FIR in this regard i.e., after two or three days of the incidents have been reported.

The more the delay, it is advantageous situation for you to get acquitted in the trial court.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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