• Contacted prostitute on WhatsApp but never met her

Hi,
I got a call from police station saying case prostitution case has been registered on me. Please visit police station. 

I then realized that few days ago i have contacted one prostitute on a whatsapp, and she caught by police at her flat, on her whtsapp they got my number.

I dint visit yet police station. Please guide.
Asked 5 years ago in Criminal Law
Religion: Muslim

3 answers received in 10 minutes.

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33 Answers

You don't have to visit the police station. No case is made out of you no is with prostitute. If any false FIR is filed seek Anticipatory bail 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Contact your local lawyer and arrange for anticipatory bail.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Kindly visit police station and check whether what further allegations are raised whether they are true or not. you need to talk with them.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

If you feel that you may get arrested then only ABA is required. If you feel that you can apply for ABA you will get the same. 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

You should visit police station have your statement recorded 

 

mention that you never met the lady did not pay any money 

 

you have not committed any offence 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You don’t need  AB as no offence has been committed by you 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

- Under , the immoral Traffic Act, if anyone allowing premises for using as a brothel and the person who caught therein shall be punished one to three years rigorous imprisonment and a fine of up to Rs 2,000, and subsequent convictions are punishable with two to five years imprisonment and a fine of up to Rs 2,000

- However , only contacting to a prostitute on a watsup is not offence ,until caught in the brothel by the police, and hence no offence made out against you legally. 

- Since, you got the call from the police , then without knowing the FIR number and offence , you should not visited and the said police cannot arrest you without giving details of the offence. 

- However, you can apply to get anticipatory ball from the session court. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Please ask officer/Police Station to serve you notice in writing expressly calling you for what reason?

You have every right to ask them why your presence is required in Police Station with full details and particulars. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You can visit to nearest police station and AB is not required.  Maximum court charges are 500 rupees and six month jail for prove in the Prostitute. In  your case such thing is not applicable at all just talking or chatting is done.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Hello!

Merely talking to a prostitute is not an offence.

The police might be calling for you for asking a few basic questions as a part of their investigation. Do not hesitate, and speak the truth that you had only contacted her over whatsapp. 

There is no need to take AB as of now. Police will not arrest you in this case. 

If you are anxious, you may engage the services of a local lawyer and take him along to the police station.

If they have really registered a case or FIR is lodged for any non bailable offence, then you might consider to apply for AB.

Best wishes.   

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

You should visit police station 

 

obtain copy of FIR filed against you 

 

apply for bail 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8141 Consultations

You find out from any source whether they are telling you the truth. If yes then check the FIR and seek anticipatory bail. I don't think any case is maintainable

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Ask them for the FIR number. 

If they provide you than file an anticipatory bail in that area court. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

There might be a possibility that someone is trying to scam you. 

If any FIR is registered police does not call like this on phone. They issue some sort of a written notice to appear along with the details of the case. 

First of all verify this information, seek the copy of FIR or at least the details of offences registered against you. We will be able to suggest you the further course of action thereafter. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Did you get a call once only? If that is so don't go there. They may implicate you and charfe you. Wait for them to call again. If they contact you again then engage a lawyer and take him with you.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You may be charged. Wait for a little while.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Engage a lawyer who will find out whether the fir is registered or not.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

if you got call from police then you have to visit police station . no need to worry, just police call you for verification or for the statement

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Ab not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

if police registered FIR then you can apply for regular bail. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dont go unless a notice is served in this regard.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Prostitution in India is illegal and unethical. 

It is punishable under prevention of immoral trafficking Act.

As suggested earlier, Please request the notice of police on your WhatsApp or email for particular of call,attendance and enquiry.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

First of all you need to know that you not done anything illegal. Contacting a prostitute over the phone is not a crime either under IPC or under immoral trafic prevention act. Furthermore only things like running a brothel, or solicitation in a public place or living on the income of prostitution are criminalised. Also this is not a case where the girl has complained to the police against you that you are harassing over the phone or anything like that. Here the matter is different. So no case stands made out against you. Maximum they may charge under some section of IT act for the photos and too won't stand in court. All this is presuming that the girl was not a minor.

Having said that if possible you should visit the police station along with a lawyer or someone who is a bit mature and can handle talking to the police. Hopefully your visit and a calm talk with them will clear things up and and police may record your statement. Maximum they may ask you to give a bond and let you go. If it is too much trouble for you to go then you can wait it out and see if they call again. I would say that the police are well aware of the law and surely they know that in reality no case stands made out against you and they are just fishing and so they may not call you again even.

And if push comes to shove, and things get complicated you can always seek anticipatory bail. You can apply in your own district before the sessions court. Engage an advocate for that purpose.

Varun Bhandari
Advocate, Kanpur
86 Answers

If you had not replied on Whatsup chat for further details then you don't have to worry about it.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

There is no penalty for a customer who uses the services of a prostitute and neither you have procure, induced or took her for the sake of prostitution.

No case.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- As per law, prostitution is the exchange of a sexual act for money, and it is legal in India, but child prostitution is illegal . 

- Hence , it not crime to approach Prostitute , if she is not a minor .

- Let the police officer send a notice for appearance before him, and if you receive a call again , then ask him the FIR number. 

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

You can ignore the call from police if you are living in a different city and the police is not knowing your address.

However if you are living in the same city, you may visit the police station and give a statement that you never indulged in prostitution with her except for the whats-app contact.

 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

If there was any evidence for the  deal in the message she had with you in the whats-app, then the police may try to frame you, hence you better accompany  an advocate and try to solve the issue with police somehow or else first obtain AB and then challenge their false case properly. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Prostitution is legal in India. 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 illegal.

Hence you cannot expect how the police will frame the charges against you.

If you don't argue with the police about the legality, sometimes they may leave you by taking some amount or esle they will unnecessarily register FIR against you also. 

If the police station is far off then you may better go through my previous post once again and take a decision. 

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

1. Even contacting a prostitute for sex is an offence.

2. You should find out first whether FIR has been registered against you or not. If FIR has been registered then on your appearance in police station you may be arrested.

3. Apply for anticipatory bail if FIR has been registered.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Engage a lawyer to apply for anticipatory bail if FIR has been registered.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear sir, 

You are suggested to ask the police to give the details of the case, FIR No, etc. and then only you need to proceed. Otherwise relax. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. You should ask police to send a notice for appearance to you because It seems some kind of honey trap by which the lady can extort money by blackmailing you for false case through fake police. 

2. The offence you committed is “soliciting” which comes under section 8 of the Immoral Traffic Prevention Act (ITPA), 1956, soliciting or seducing for the purpose of prostitution is punishable with six months in jail and a fine of Rs 500.

3. So police must serve you a notice under section 41A CrPC for appearance before the because punishment is below three years.

4. As soon as you recieve the notice file anticipatory bail in sessions court of district where the FIR is lodged.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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