• Regarding solicitation

Last Nov I came across a call girl on a site called locanto she was looking for paid fun.
I got carried away and texted her
The conversation goes like:-
Me:-hi
Me:-how much for an hr
Her:-sends photos of many girls with price
This is when I realised it is a sex racket
I blocked her and deleted the chat.
This incident scared the hell out of me.
1)Can the police arrest me once the racket gets busted and prove that I was their customer which isn't true,
Just because I asked her rate.
2) Also is asking a call girl her charges considered to be solicitation.
3)Am i safe or not?
The truth is that I had no intention of visiting a brothel or contacting a pimp.
I was only looking for consensual paid fun.
I realised my mistake and am really regretful.
These thoughts are affecting my health.
Pls assist
Asked 5 years ago in Criminal Law
Religion: Hindu

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20 Answers

1. In the above given facts and the chat police cannot arrest you as you were not pimping also you were not found in act it was just a chat.

2. Pimping is in particular offering and advertising sex is solicitation.

3. You are safe , above messages wont lend you in trouble.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You have nothing to fear 

 

2) you have not paid for sex 

 

3) you did not meet the girl 

 

4) no case would be filed against you 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Dear Sir,

You are not required to worry a lot because many people like you visit such sites and get trapped in their net. It is also possible that several photos shared by that number may not be actual and you might be required to pay the money and then you might have been blocked. There are many fraudsters who indulge in such acts and it is good and thankful that you were not trapped. You are also suggested to be away from such sites. As regards to your previous activity, you are suggested to remove the browse history from your mobile, computer and don't accept any such allegation, even you are asked regarding this.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. If you just asked rate then you are safe.

2. No

3. You are safe.

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Well, since you were soliciting for paid sex which is a crime you ca n very well be prosecuted though such chances are very bleak since you were caught red handed.

2. Since you solicited for her service you did commit crime.

Since you are suffering under pangs of conscience you may indulge in charitable work to find peace .

God luck.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

This was a liaison conducted in private with consent between you and the call girl.

This isn't punishable. If you are still harassed by the Police, you will have legal remedies at your disposal. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Till now there is no issue. It depends if any case if filed in the said matter and your role if any. If you need assistance you can contact me in kaanoon on 9a7g6g9g4e9g0f9f1a1. Consultation charges applicable 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

If this racket is busted by police then the fact that you chatted with one of the accomplices, does not keep you away from being summoned by the police for interrogation and investigation

in that case you can explain in the same way as you have sought to explain in your query

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. What you did was only a "inquiry" akin to soliciting for physical relationship.

2. You were never caught in any physical act or inside a room with such girls.

3. Both the above are not offences, which can be tried in a Criminal Court.

4. You are advised not to worry about all this and IF at all any inquiry is done, THEN you just simply say that you were only inquiring and nothing more.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Dear Sir,

Nothing to worry. If you are so worried get anticipatory bail before registering FIR ( it is possible). Secondly, your

initiation conversation not completed and which is not an offense or crime. You may approach the High Court if any FIR is issued. Nothing worry in any manner as in legal words, your intention (mensrea)was never intended to commit any offense.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If this is the conversation you made no harm shall come to you. Don't unblock her and don't contact her or any other girl ever through a website.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No.

Not until actually paid and took service.

No harm.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Be safe and healthy. You have not committed any crime. Hiring a call girl or taking their services in consideration of money or equivalent is not an offence because of prostition is legal in india. Even immoral human trafficking act would not be applicable to you since you would be considered simply as a customer not a brothel.

So do not need to be worried. In case you face any unwanted situation contact here for furhfur advise.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

- Section 66A of the IT Act, prohibits the sending of offensive messages though a communication device, i.e. through an online medium.

- This covers, offensive messages of a menacing character, or a message that the sender knows to be false but is sent for the purpose of ‘causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will.

- The person who booked under Section 66A, could face up to 3 years of imprisonment along with a fine.

- Further, as per Gujarat High Court, a customer at a brothel cannot be held liable for offences under Immoral Traffic (Prevention) Act

- This law states that prostitutes are allowed to ply their trade in private but they cannot carry out their business in the open

- And further, Call girls are not allowed to make their phone numbers public. They can be imprisoned for a maximum of 6 months along with financial penalties if they are caught doing so, and the 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. Hence :

1. Since you have not visited the brothel and pay amount , hence you have not committed any offence as per law.

- Further, even the person having sex with call girl cannot be punished for the consensual sex , and if there is raid by the police , then at the time of raid ,persons available there can be arrested by the police .

2. No offence made out legally.

3. Fully safe , no need of worry.

- I have done lots of such cases under Immoral traffic Act, , hence no need of worry. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. No, firstly, since you have disconnected the call immediately and did not contact her so far, she would have deleted your number, secondly the police will catch and charge those who have been caught during raids and not otherwise.

2. Yes, however the completion would be termed as prostitution.

3,. You are absolutely safe, need not worry.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If you are speaking or chatting to a prostitute but do not engage in sexual conduct, you could not be charged with a crime. 

no need to worry you are safe. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Police neither register the FIR nor arrested you.  Mere a contact or phone call never leads to take a case against you. But you may caught in red hand by the police,then they can file a case against you. If you want to know more please read the following words and it may help you for queering your doubts.

But Prostitution is illegal in under Indian law. Prostitution means the sexual exploitation or abuse of person for commercial purpose and expression prostitute shall be construed accordingly. Prostitution involves indiscriminate employment of a women's body for hire. Mere phone calls, Chats  or phone recordings is not amount to take a cognizance against you by the police even other wise there is a valid complaint that you misbehaved to that ladies (Escorts )

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

1) No.  

2) No.

3) Yes, you are safe.  No need to worry.

To sum-up since you have not contacted her / them physically, have not paid any money, police will not file any case against you.

Do not worry, stay calm and forget about the said issue.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. A case is made out against you under Immoral Trafficking Prevention Act for soliciting prostitution if the conversation is traced out to you.

2. It is solicitation what you did, hence an offence under the Act.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. No police cannot arrest you for sending just two messages in which you asked a question how is for an hour. 

2. Yes it solicitation.

3. You Are safe no need to worry just don't try to contact any such number in future. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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