• Laws against prostitution in India

Hi,

I apologize to begin with for any indecency but I'll explain the cause in detail.

I am currently undergoing a mesy divorce which is a very turbulent phase in my life. To seek relief I tried contacting a few "escorts" and I may have landed myself in trouble and need some help. 

Someone picked up the phone of one of these escorts and said "this is the police speaking". I then replied by stating that I may have dialed the wrong number and disconnected the call. 

Towards the end I heard this so called cop saying " lets file a case" and disconnected the call. 

This is the only time in my life that I've ever contacted an escort and now feel extremely stupid on doing so.

Can the police initiate any case against me and If so what kind of charges can be initiated against me with just this information
Asked 1 year ago in Criminal Law from Delhi, Delhi
Religion: Hindu
Don't worry . 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  .  

“The Immoral Trafficking Prevention Act, 1956 , the main statute dealing with sex-work in India, does not criminalize prostitution or prostitutes per se, but mostly punishes acts by third parties facilitating prostitution like brothel keeping, living off earnings and procuring, even where sex-work is not coerced.”

Section 5 in The Immoral Traffic (Prevention) Act, 1956 deals that 
Procuring, inducing or taking 1[person] for the sake of prostitution.—
(1) Any person who— (a) procures or attempts to procure a  [person], whether with or without  [his] consent, for the purpose of prostitution; or 1[person], whether with or without [his] consent, for the purpose of prostitution; or"
(b) induces a 23 [person] to go from any place, with the intent that  [he] may for the purpose of prostitution become the inmate of, or frequent, a brothel; or 1[person] to go from any place, with the intent that 3[he] may for the purpose of prostitution become the inmate of, or frequent, a brothel; or"
(c) takes or attempts to take a 23 [person], or causes a 23 [person] to be taken, from one place to another with a view to 24 [his] carrying on, or being brought up to carry on prostitution; or
(d) causes or induces a  [person] to carry on prostitution,1[person] to carry on prostitution,"  [shall be punishable on conviction with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees, and if any offence under this sub-section is committed against the will of any person, the punishment of imprisonment for a term of seven years shall extend to imprisonment for a term of fourteen years: Provided that if the person in respect of whom an offence committed under this sub-section,—
(i) is a child, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years but may extend to life; and
(ii) is a minor, the punishment provided under this sub-section shall extend to rigorous imprisonment for a term of not less than seven years and not more than fourteen years;] 
(3) An offence under this section shall be triable—
(a) in the place from which a  [person] is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such [person] is made; or 1[person] is procured, induced to go, taken or caused to be taken or from which an attempt to procure or take such [person] is made; or"
(b) in the place to which he may have gone as a result of the inducement or to which he is taken or caused to be taken or an attempt to take him is made.

Section 372 and 373  of IPC also dealing with prostitution

372. Selling minor for purposes of prostitution, etc.—Whoever sells, lets to hire, or otherwise disposes of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any age be] employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine. 2[Explanation I.—When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation II.—For the purposes of this section “illicit inter­course” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.]
373. Buying minor for purposes of prostitution, etc.—Whoever buys, hires or otherwise obtains possession of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing it to be likely that such person will at any age be] employed or used for any purpose, shall be pun­ished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 2[Explanation I.—Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution. Explanation II.—“Illicit intercourse” has the same meaning as in section 372.]
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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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 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
1916 Answers
19 Consultations
5.0 on 5.0
Hi
 It seems some one played a joke. anyway even if it was dialed wrongly and picked up police, nothing to worry.
If police to take action they could have called you in your number and asked you to appear before them for an inquiry.
There is absolutely no issue going to be and don't worry about a legal action which is not there.
Just take it as an learning because escort service , prostitutes or call girls service, can put you in trouble if you are not wise enough.
using any of these service is not an offence, but running any of these service is  legally allowed and if you are caught up with them in a circumstances, can be charged under different provisions of law.Unfortunately, we do not have prostitution legalized in India but this does not mean that demand and supply is not there. laws are there to protect society and work as a safety valve.  This means be wise enough to identify a trouble and act accordingly.
Absolutely NO ACTION CAN BE TAKEN  against you. please be ensure about it. Hypothetically the action could have been calling you for inquiry.

Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. Prostitution is illegal in India. The legal consequences entail a prosecution, which may culminate in an imprisonment of up to 7 years being awarded to you.

2. If you made the call from your personal number you can easily be tracked down. Once police is able to locate you it may knock at your doors unannounced to arrest you.

3. All that I can suggest at this moment is this-Engage a lawyer beforehand to seek bail for you as in such cases there is not much gap between the registration of the case and arrest.
Ashish Davessar
Advocate, Jaipur
18243 Answers
449 Consultations
5.0 on 5.0
1. I will rewrite the scene narrated by you above. You had dialed your friend's number which was replied by some one stating 'lets file a case'. You think that you might have rang a wrong no.. You have not heard even anything about escort services,

2. Now, please note that even if you agree that you have dialed a no.for escort service which you have not availed, you have committed no crime. You can not conclude that all escorts are prostitutes,

3.Since you have not committed any crime as per Indian Penal Code, no charge under any section of IPC can be leveled against you,

4. Relax. Some body might have cracked joke with you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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Just sending a message or a normal chat on the phone will not attract any crime.  From your contents there appears no conversation that attracts any offence especially the one you apprehend. 
In my opinion your worries are unnecessary.  If at all they intended to take any action, they should have taken one by now.  There is no action to be taken on any account so their last words may not be pertaining to your conversation with them.
in any case, do not worry so much especially when you have not been confronted with anything till this date. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
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1. In the worst case scenario, nothing will happen to you as no case can be filed againstb you,

2.Moreover, police does not state 'lets file a case'. they just make arrest,

3. Probably the said escort service did not want client or might have given some one's no., who, to get rid of such calls and its follow up calls, have tried to scare you by calling themselves as police,

4. Relax.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Neither hey were cops nor you have done any thing wrong to be prosecuted,


2. No charge can be brought against you legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. Guilt or innocence in a case is held as proven by the court only at the culmination of the case. If police arrests an individual and produces him in the court on the basis of phone calls made by him to a prostitute his prosecution will commence. He will have to prove that he did not meet someone for sexual gratification.

2. In cases relating to immoral trafficking police is known to make casual arrests. The individual may finally be set free by the court but he will have to face the ordeal of remaining in jail as courts are reluctant to grant bail in such cases.

3. You should hope that police does not register the case against you, but if it gets registered then you may not get time to seek bail from the court to preempt an arrest. This is why it is wise to engage a lawyer beforehand for your defence.
Ashish Davessar
Advocate, Jaipur
18243 Answers
449 Consultations
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laws are made for society and human being for creating peace and better living condition. Laws come to be accepted by the people when they fulfil their objectives.Morals are the values of conscience.Morals are a set of rules and guidelines which individuals follow and adapt by following the society’s culture and norms. Morals may vary from time to time and gain flexibility in practice according to the thinking of the people and the society. Morals help us in forming an opinion in the mind, of what is good and what is bad. It can be said to be the nucleus of a civilised society.
 So obey law and keep moral sense in mind
Ajay N S
Advocate, Ernakulam
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19 Consultations
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offence of stalking may be made out according to your facts. contacting an excort is offence punishable under chapter 19 of IPC. It may be possible that some one prank you. Messages on whatsapp is a good piece of evidence and if he wants to lodge FIR it is enough material.  

Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
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in worst case scenario you would be caught or warrant may be issued against you. of FIR is lodges under section 354 D i.e stalking then it is bailable offence and you will get bail without appearing before the court.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
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Your message do carry any obscene materials so FIR may be lodge under section 292 IPC and section 66 E of I T Act. section 66 E is bailable but section 292 is non bailable, so you may be kept behind bar for some days. 

If you afraid that criminal proceeding may be initiated against you then you should approach for anticipatory bail under section 438 crpc. but be sure that any proceeding may be initiated against you. 

  
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
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