• Are clients punishable in prostitution

Suppose , if I go to a prostitute in an apartment for sexual needs and get caught by police raid while in the act of consensual sex with the adult woman , Will I be booked under any penal act , if yes will that be non-bailable? I checked the PITa act whoch says clients are not criminals , but laws passed in 2003 says clients are criminals. I am confused and need legal opinion to safeguard my self from taking desition. Would request you to kindly refrain from giving moral or socail advise .

I need core legal advise.
Asked 1 year ago in Criminal Law from Hyderabad, Telangana
Religion: Hindu
1. You will be arrested and prosecuted for immoral trafficking. It will be mighty difficult to get the bail.

2. So refrain from violating the law.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. The provision is self explanatory. It carries a sentence of 3 months.

2. Do not go by the textbook definitions. The reality which unfolds in the court is quite different. If you are during a raid caught with a prostitute then no policeman is going to spare you even if you tell him that a client is not punishable. You will be prosecuted and possibly jailed. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Every offence punishable under this act shall be cognizable. Except the Section 3 of Immoral Traffic (Prevention) Act, 1956 are non bailable.

"prostitution" means the act of a female offering her body for promiscuous sexual intercourse for hire, whether in money or in kind, and whether offered immediately or otherwise, and the expression "prostitute" shall be construed accordingly."

The primary duty of the court is to find out there is any prima facie case,If the court find the same the bail is not granted. If you convinced before the court that You and your client are not come under the preview of SEC3 , 4,7 OF Immoral Traffic (Prevention) Act, 1956.in Roy v. State of Kerala (2001 (1) KLT 86 (SC)), the Supreme Court considered what would be the effect of search and arrest which are per se illegal.So you will prove the arrest is illegal .

The above things are not properly working at the time of production of accused before the court and it can be worked at the time of trial.So in your case you may booked under Immoral Traffic (Prevention) Act, 1956 and You will be arrested and prosecuted for immoral trafficking under Immoral Traffic (Prevention) Act, 1956
 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. You will be arrested and prosecuted for sure.

2. You can judge for yourself how your family life will be thrown out of gear and your reputation tarnished when it becomes to known to those having relations with you that you have been caught having sex with a prostitute during a raid. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Refrain from it is what I will say. The legal implications are likely to be disastrous.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
All the fame, good will ,etc will fall down one day and the personal and family life will be in jeopardy.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
If you are found being sexually involved with a prostitute within 200 yards of a public place, you shall be considered as a criminal and would be liable to be arrested on the spot.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
in India prostitution is not regularized by the government. matter is not connected to consensual sex but the place where you both were found, had no licence from the government for committing consensual sex. if consensual sex is committed in your home with free consent and between adult then it is no offence because it is private place and both parties are agreed. if you can prove that place is the private house of her and she is your friend but not sex worker then you may be liable to set free. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1. You will be booked under ITA,

2. You shall be punished if you are found to have violated any section of the ITA.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
The punishment will be as decided by the Court appropriate to the  violation of the sections of the ITA.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Yes, your personal life will be effected,

2. You can sue the authority for illegally arresting  you and claim damage if the Court order goes in your favour and you are exonerated. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
If you are not found to have committed any crime as per Indian law, then you can not be called a criminal.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13919 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5153 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0