If a spa was raided no client was arrested since no clients were found it was a raid by decoy police on a tip off that spa was a den of prostitution. The owners of spa are charged under ITPA LAWS what about previous customers who may have taken sexual gratifications or had sex in the massage parlour in the past months or years as the owners and girls had videotapped the sexual encounter and had spy camera inside the room and they gave it to the police.The girls arrested have charged spa owner of promoting prostitution.
Dear Sir,
If the investigation goes to long trail and past customers are searched, it is possible that many people will come in their net. So, it is better to declare (if someone is asked or caught that net) that he never had there in spa nor he visited and it might be fake things created electronically by the people with ulterior motives.
Police can contact customers for investigation purpose but may not charges them for hired sex. Will verify if customers were blackmailed by owners and girls.
Customer should not agree in any case of hired sex. Just took spa service.
Respected sir ...
In these type of cases the charge can be framed against the owner and the girls who found there in obsecne position and to all the person who founded having intimate during that raid ...you need not to worry you are out of there reach and jurisdiction as per criminal law ... you can not be charged in any condition ...
Thank you
One friend of mine went to the spa or massage parlour some months ago and he had sex inside the spa with the girl masseur and he paid extra money to the girl inside for sex in spa.But they have spy camera inside the room and they videotapped the sexual encouter between my friend and masseur and after some days they started blackmailing my friend asked for money to not viral this videotape .Now what my friend should do to get out of this situation and he has also not complained to the police because he thinks that he has done something illegal in the past as they have the video of massage room sexual encunter so he can also be booked under immoral traffic prevention act . So did my friend has done something wrong in the past and he should continue to pay money to blackmailer or extortion racket?? or he can get out of this situation ?? Please Help
A owner and all his customer whoever are seen in the video can be booked under section 354, 354A, B, C and D of the IPC.
Section 354 of the IPC criminalises any act by a person that assaults or uses criminal force against a woman with the intention or knowledge that it will outrage her modesty. Such an act is punishable with either simple or rigorous imprisonment of up to 2 years, or a fine, or both.
Indian courts have ruled that the essence of a woman’s modesty is her sex, ie: a woman possesses modesty by virtue of being a woman.
How is Sexual Harassment defined under the IPC?
Sexual harassment is defined under S. 354 A of the IPC as a man committing any of the following acts:
(i) physical contact and advances involving unwelcome and explicit sexual overtures; or
(ii) a demand or request for sexual favours; or
(iii) showing pornography against the will of a woman; or
(iv) making sexually coloured remarks,
This law covers a wide ambit of acts that constitute sexual harassment, including unwanted verbal or physical advances of any kind. This law is not limited by location at which the sexual harassment takes place, unlike the law to prevent sexual harassment at work places which is explained in a later section.
What is the punishment for Sexual Harassment under the IPC?
The punishment for (i), (ii) and (iii) as given above is rigorous imprisonment for a term that may extend to 3 years, or a fine, or both while the punishment for (iv) is either simple or rigorous imprisonment for a term which may extend to 1 year, or a fine, or both.
Section 354B of the IPC criminalises assault or use of criminal force against a woman with the intention of disrobing her, i.e. with the intention of depriving her of her clothing or forcing her to be naked. Such an act is punishable with either simple or rigorous imprisonment of 3 to 7 years and a fine. Aiding such a crime also carries the same punishment.
While this may sound similar to outraging modesty, it isn’t. It is considered an offence whether or not the man intended to outrage the modesty of the woman.
How is voyeurism defined under the IPC?
Section 354C of the IPC criminalises the act of voyeurism. It defines it as a man watching or capturing the image of a woman engaged in a private act in circumstances where she would usually not expect to be observed by the perpetrator or by any other person on the orders of the perpetrator or the distribution of an image so captured by the perpetrator.
What is the punishment for an act of voyeurism?
The punishment for committing this offence is simple or rigorous imprisonment of 1 to 3 years and a fine. Repeated offenders are punished with simple or rigorous imprisonment of 3 to 7 years and a fine.
How is Stalking defined under the IPC?
Section 354D of the IPC criminalises stalking of a woman by a man. It defines the Act to include continuous following or contacting a woman by a man or attempts to contact a woman to build a personal relationship with that women even when the woman has shown a clear lack of interest. It also include acts of monitoring a woman’s electronic communication, i.e. communication over emails, social media etc.
What is the punishment for stalking?
First time offenders are punished with either simple or rigorous imprisonment of upto 3 years and a fine while repeated offenders are punished with simple or rigorous imprisonment of upto 5 years and a fine.
Dear Sir,
You are suggested to be calm and do nothing for sometime. If he is blackmailed, he may file the case as well, but that will bring some problems to him also. So, better to keep quiet, nothing to pay to anyone and wait for some time. You are also suggested to change that number from which they used to call or distract you.
If racket already caught, all recordings may have seize by police. Let the police investigate and if receive any call, inform the police about blackmail. No case of immoral trafficking as this is a conspiracy to blackmail.
Massage spa is covered under health services, be it a cross gender or otherwise, there is no illegality in it except when caught red handed during raid over the prostitution activities. If flesh trade is detected cases would be booked under the Prevention of Immoral Trafficking Act.
The Constitution of India also mandates under Article 23 that traffic in human beings should be prohibited. According to Immoral Traffic (Suppression) Act, 1956 Prostitution is illegal in India. While a woman can use her body in private for a commercial purpose - male sex workers are not recognised by the law - but she can be punished for soliciting business or seducing clients in public. Running brothels, pimping and prostitution rings - is illegal. The clients can be punished for sexual activity at or close to a public place.
If police officials are to be believed, as against popular concept they cannot book a parlour owner or employees just for offering cross massage wherein a client is given massage by a person of the opposite sex. In 2009, Madras High Court, based on a complaint from a spa owner, gave an ordered that the cross massages is perfectly legal. Unless someone is caught red-handed or a sexual act cannot be established we cannot take punitive action.
But the police has duty control the law and order in the state. It is made clear that obscenity and indecency being indulged in such performance cannot be tolerated and the same have to be eliminated with iron hand. Even though total prohibition underlined by way of policy decision is arbitrary and illegal and opposed to Article 19(1)(g) of the Constitution of India.
The spa business in India does not have a specific license to operate except for the normal trade licensing/registration, which makes it all the more difficult to say if a woman to man massage is legal or not. There is no specific Act barring spa services. However, it is the onus on the consumers to verify the credibility of the spa before visiting one.
Respected sir ...
If they are blackmailing your friend then your friend must have to initiate legal action against all of them yes again here your friend is at safe end the culprit will be behind the bars ...but take action to prior to them ..you just need the help of cops ....no action can be taken against your friend
Thank you
Hi
1) Customers in a brothel cannot be held for offences under Immortal Traffic prevention act under Section 3,4 and 5 of the ITPA Act and in general, police charge customers under section 7 of ITPA act (i.e prostitution in or in the vicinity of public place.
2) Various High courts have quashed cases filed against customers under ITPA Act.
3) So, coming to your question, your friend needs to
a) Either ignore the black mailers by changing is contact coordinates OR
b) Approach the police station and file a complaint of extortion and black mail
4) The video recording of your friend engaged in sexual intercourse will NOT be used against him to penalise him under ITPA Act .
5) Actually, even if the video of your friend engaged in sexual act is made available to police, police and courts will use this as valuable evidence against the brothel owners only and brothel owners will be charged with Section 370 of IPC and will end up in jail for 7 years. So, the video of your friend is a very good evidence for prosecution and your friend should actually take efforts to reveal this to police and absolve himself
Hope information is useful.
- As per Madras High Court, A cross massages is perfectly legal, and unless someone is caught red-handed or a sexual act , it cannot be considered as illegal, and further the police has no power to arrest it employee or customer.
- Further , if sex rackets were operating from the said message parlor , then under the Immoral Traffic Act, it is a continuing business , hence the persons , who caught red handed will be arrested for the offence , and no earlier customer will be detained by the police as per law.
- Hence, no FIR cannot be lodged against your friend under the above given circumstances.
-He should not worry for the same, because he has not committed any offence under the provision of Immoral Traffic Act.
- If , the owner of the said SPA is trying to implicate your friend , then the owner will himself come under the offence.
- However, for his safety , your friend can lodge a complaint against the person , who is trying to black mail .
The customers who were caught in the raid only shall be deemed to hav committed any offence provided the police are filing cases agaisnt the customers also being caught in the raid.
The previous customers cannot be charged with any offence by the police because they were not caught in the raid nor ther is any evidence for the commission if the so called offence by them.
The blackmailer cannot go to police for this becasue she is also involved in the commission of offence.
She may threaten him that she may spread the message through social media, let she do it.
She cannot do anything other than just threatening him.
If she does that then your friend can give a complaint against her with police for the offences of extortion, blackmail and criminal intimidation etc.
He will not be questioned by the police for having visited the brothel because they have not raided the brothel that time.
Your friend should complaint to the police.
He did, thats gone. No one complained about him. So he should complaint now against those persons extorting money.
Police has no legal right to prevent a health spa being operated by anyone even if the therapy is done by persons of one sex to those belonging to the opposite sex. A health spa, where cross-gender massages is a worldwide phenomenon, there is no legal prohibition and to borrow the wordings of the Hon’ble Supreme Court, except the majoritarian impulses rooted in moralistic tradition which is attempting to impinge upon individual autonomy.
If sex happened with consent then generally it is not a crime but whereas if it happened at spa centre and that is also out of the knowledge of the owner of spa centre then in that case the things could be clarified only after getting through the FIR copy and it's contents.
The illegal activity of your friend does not cover up, your friend’s excuse of ''consenting parties to the sex",unless or untill the contrary is proved. so, your friend is presumed to be the guilty untill the actual facts are proved by way of evidence.
Recording explicit sexual content involving a woman is a punishable offence, unless she gives her consent. Further, if she consents to only recording it and not sharing it, sharing it would be a punishable offence under Section 66E in The Information Technology Act, 2000. Under Section 509 I.P.C, the intrusion upon the privacy of a woman, with an intention to insult her modesty, is an offence. Prostitution is a crime in India and legislations penalize individuals who practice flesh trade. If your friend and massage girl are major and doing that act with full consent in private room then no offence is made out. Police cannot register any case against them. Kerala High Court in a decision reported in State of Kerala v. Pathumma, 1968 Ker LT 453 :, held that mere accidental detection in a room in a rest house is not sufficient circumstance or evidence to hold that a person concerned had been indulging in sexual intercourse for money indiscriminately; a conviction could be sustained on evidence that the person concerned had been indulging in sexual intercourse for money indiscriminately.
It is the duty of the prosecution to prove the above facts. Any way the act done by your friend is illegal; if further threats will rise from any one then file complaint against them.
He can complaint to police for blackmailing. The case of immoral trafficking is not made out in this case
Your friend should refuse to pay any money to masseur
2) in fact he should file police complaint against masseur and spa owner for extortion
Your friend should refuse to pay and money
file police complaint as mentioned herein above
That is sufficient evidence to prove that the immoral sex activities were going on for commercial purposes. They have the footage and hence they may charge you for the crime.
He did a wrongful act but the sex worker was also committed an illegal act. On top of that she is blackmailing you. Record her conversation and send it to the police. These thugs should be taught a lesson.
1. First of all girl arrested will not disclose that they were recording the intimation with customers in hidden cameras because it can go against them on charge of blackmailing and extortion.
2. Previous customer who have availed the services can deny using service of prostitute in SPA and if they have video then they can take ground that SPA owner were blackmailing them for extortion.
3. Your friend should lodge FIR against SPA owner and that girl for blackmailing and extortion and he should specifically mention that girl lured him into the act during massage service.
4. He should not pay the extortion as he has been honey trapped by masseur he should immediately contact police to take their help without reveiling it to any one.
Just ask your friend to ignore the issue.
No need to pay any money to the Blackmailer and yield to any blackmailing tactics.
If he receives any call, ask him to record it and lodge complaint with police.
As referred in your post, the Immoral Traffic Prevention Act, if the people from SPA have any video of said sexual encounter of your friend, then they will be liable for punishment (for carrying on prostitution under veil of SPA), as such, next time if he receives any call, let him record it and using it lodge complaint with the police.
Rest will be taken care by police. Your friend is not at fault.
If he is not interested to go through all the above grind, let him change the old phone number and forget the issue.
1. Your friend had gone to e massage parlour/spa and not a whore house in a red light area.
2. Going to the spa is not a crime.
3. Having consensual s*x inside the confined place of the spa with the masseur is also not a crime.
4. So, no section of IPC is attracted for the past act of your friend.
5. He should not succumb to the blackmail of the spa owner and/or the police and lodge a complaint to the police station where he lives against the said spa owner and also the police who are blackmailing him and extorting money from him.
1. Ask your friend to lodge police complaint against the spa owner for dishonestly trapping him for the purpose of extorting money from him by black mailing.
2. If police does not register FIR, he should file a petition before the District Court u/s156(3) of Cr.P.C. praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.
In this situation, your friend should file a criminal complaint before the local police station.
1. The previous customers who committed offence within the realm of ITPA can also be arrested if there is evidence against them and they are traced during investigation.
2. Your friends should not fall in the trap and refuse to pay any money. He has surely committed an offence under ITPA, for which he is liable to be prosecuted if evidence comes against him during investigation.
