• Having sex with mutual consent

Are clients punishable in prostitution if sexual intercourse is done with a prostitute at a private place/flat with consent in exchange of money (for pleasure only). . ??
Asked 7 years ago in Civil Law

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7 Answers

You are having consensual sex with an adult prostitute in privacy of your bedroom

2) it is not an offence and you would not be punished

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. Consensual s*x with an adult is not an offence.

2. However, prostitution is prohibited in India and if you admit that you have had paid s*x with a prostitute,. then you are liable to be prosecuted as per Immoral Traffic Act.

3. Do not ever admit that she is a prostitute and also that you had paid her for having s*x with her.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Since you are indulging in sex with a prostitute at a private place/flat and not in a public place, you are not liable for punishment.

2. Because it is mutual there can be no punishment for the client.

3. The prostitute should not be a minor..

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
316 Consultations

5.0 on 5.0

Yes of you are caught by Police under Immoral Traffic Act.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Wherever sex is done between a man and woman for money it is an offence punishable under Immoral Trafficking Prevention Act. The consent pales into insignificance if sexual gratification is sought for money.

2. Sex is done for pleasure only and no other purpose.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Querist

As per Section 7 of PITA(The Immoral Traffic (Prevention) Act, 1956) it is punishable if comes under section read the below:

7. Prostitution in or in the vicinity of public places.— 31 [

(1) Any 32 [person], who carries on prostitution and the person with whom such prostitution is carried on, in any premises,—

(a) which are within the area or areas, notified under sub-section (3), or

(b) which are within a distance of two hundred metres of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police or magistrate in the manner prescribed, shall be punishable with imprisonment for a term which may extend to three months.]

33 [(1A) Where an offence committed under sub-section (1) is in respect of a child or minor, the person committing the offence shall be punishable with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.]

(2) Any person who—

(a) being the keeper of any public place knowingly permits prostitutes for purposes of their trade to resort to or remain in such place; or

(b) being the tenant, lessee, occupier or person in charge of any premises referred to in sub-section (1) knowingly permits the same or any part thereof to be used for prostitution; or

(c) being the owner, lessor or landlord, of any premises referred to in sub-section (1), or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof may be used for prostitution, or is wilfully a party to such use, shall be punishable on first conviction with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both, and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and also with fine 34 [which may extend to two hundred rupees, and if the public place or premises happen to be a hotel, the licence for carrying on the business of such hotel under any law for the time being in force shall also be liable to be suspended for a period of not less than three months but which may extend to one year: Provided that if an offence committed under this sub-section is in respect of a child or minor in a hotel, such licence shall also be liable to be cancelled. Explanation.—For the purposes of this sub-section, “hotel” shall have the meaning as in clause (6) of section 2 of the Hotel Receipts Tax Act, 1980 (54 of 1980).]

35 [(3) The State Government may, having regard to the kinds of persons frequenting any area or areas in the State, the nature and the density of population therein and other relevant considerations, by notification in the Official Gazette, direct that prostitution shall not be carried on in such area or areas as may be specified in the notification.

(4) Where a notification is issued under sub-section (3) in respect of any area or areas, the State Government shall define the limits of such area or areas in the notification with reasonable certainty.

(5) No such notification shall be issued so as to have effect from a date earlier than the expiry of a period of ninety days after the date on which it is issued.]

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 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.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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