• Is prostitution illegal in India?

Is prostitution illegal in india?
If a female give sexual services to her client at her residence or client's residence for money, is it illegal? if illegal what section be applied on filing the case?
What could be the consequences of the case, if filed?
Asked 10 months ago in Criminal Law from Trivandrum, Kerala
Religion: Hindu
It is totally illegal and liable to punishment which may extend up to 7 years,
Ashish Davessar
Advocate, Jaipur
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Prostitution in itself is not illegal but propagating or developing this profession is illegal.
So an individual can profess this trade but he can not solicit in client in public.
So at home of the client the prostitute of the client can not be prosecuted for indulging in sexual activities.
Devajyoti Barman
Advocate, Kolkata
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1) prostitution is illegal in india 

2)he legal regime on sex work in India is laid down under the Immoral Traffic
(Prevention) Act, 1956 (“ITPA”)

3) Acts punishable under ITPA include:
? Brothel keeping (Section 3)
? Living on earnings of sex work (Section 4)
? Procuring, inducing or detaining for prostitution (Section 5 & 6) Penalties
are higher where offences involve children (<16 yrs) & minors (< 18 yrs)
? Prostitution in areas notified by Police & near public places (Section 7)
? Soliciting (Section 8)
All offences are cognizable i.e Police do not require a warrant to arrest or search.()section 14)

4)  Penalties for Soliciting: Section 8 punishes a sex worker drawing attention of
potential customers from a visible, conspicuous site, whether in a street or private
dwelling. 

5) lady can be prosecuted under section 8 of ITPA

Ajay Sethi
Advocate, Mumbai
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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.
Ajay N S
Advocate, Ernakulam
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1) police will file case under section 8 of ITPA act as she is using her residence to entertain customers 

2) she may not be advertising her contact details in newspapers or magazines but  police will file false case under section  8 that she is using her residence for prostitution and soliciting customers 

3) she would have to face lengthy court battle that she is not soliciting customers 
Ajay Sethi
Advocate, Mumbai
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1216 Consultations
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The primary law dealing with the status of sex workers is the 1956 law referred to as The Immoral Traffic (Suppression) Act (SITA). According to this law, prostitutes can practise their trade privately but cannot legally solicit customers in public.  The Indian law does not refer to the practice of selling one's own  sexual service as "prostitution". Clients can only be punished for sexual activity in proximity to a public place. Organised prostitution (brothels, prostitution rings, pimping, etc.) is illegal. As long as it is done individually and voluntarily, a woman (male prostitution is not recognised in any law in India but even consensual anal  intercourse is illegal under section 377 of the Indian Penal Code) can  use her body in exchange for material benefit. In particular, the law  forbids a sex worker to carry on her profession within 200 yards of a  public place. Unlike as is the case with other professions, sex workers  are not protected under normal labour laws, but they possess the right to rescue and rehabilitation if they desire and possess all the rights of other citizens.
Hope this clarifies.
Rajgopalan Sripathi
Advocate, Hyderabad
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Doing a sexual intercourse with girl who attain 18 and with her consent is  not a crime. But Organised prostitution (brothels, prostitution rings, pimping, etc.) is illegal.

The police will create evidence for fabricating and supporting to taking a case is easy. Actually you are living in society so the moral values give much important than a self pleasure.
Ajay N S
Advocate, Ernakulam
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Read section.5 of Immoral Trafficking Prevention Act for such academic queries. 
Ashish Davessar
Advocate, Jaipur
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447 Consultations
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Is prostitution illegal in india?

In India, prostitution (the exchange of sexual services for money) is illegal, activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, prostitution in a hotel, pimping and pandering, are crimes.Prostitution is legal in a very few areas like Red light area (Mumbai).Brothels are illegal de jure but in practice are restricted to certain areas of any given town. Though the profession does not have official sanction, little effort is made to eradicate or impede it.



If a female give sexual services to her client at her residence or client's residence for money, is it illegal? if illegal what section be applied on filing the case?

The primary law dealing with the status of sex workers is the 1956 law referred to as The Immoral Traffic (Suppression) Act (SITA). According to this law, prostitutes can practise their trade privately but cannot legally solicit customers in public.   A prostitute who seduces or solicits shall be prosecuted under the prevention of immoral traffic act. In India, prostitution itself (exchanging sex for money) is not illegal, but the surrounding activities (operating brothels, pimping, soliciting sex etc) are illegal.   In particular, the law forbids a sex worker to carry on her profession within 200 yards of a public place. Unlike as is the case with other professions, sex workers are not protected under normal labour laws, but they possess the right to rescue and rehabilitation if they desire and possess all the rights of other citizens.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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If a female give sexual services to her client at her residence or client's residence for money (without advertising her contact details or soliciting in public), is it illegal? 
It may not be considered as illegal.
if illegal what section be applied on filing the case?
What could be the consequences of the case, if filed?


reproduced below the appropriate provision o law for your subsequent query
Section 8 in The Immoral Traffic (Prevention) Act, 1956
8. Seducing or soliciting for purpose of prostitution.—Whoever, in any public place or within sight of, and in such manner as to be seen or heard from, any public place, whether from within any building or house or not—
(a) by words, gestures, wilful exposure of his person (whether by sitting by a window or on the balcony of a building or house or in any other way), or otherwise tempts or endeavours to tempt, or attracts or endeavours to attract the attention of, any person for the purpose of prostitution; or
(b) solicits or molests any person, or loiters or acts in such manner as to cause obstruction or annoyance to persons residing nearby or passing by such public place or to offend against public decency, for the purpose of prostitution, shall be punishable on first conviction with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in the event of a second or subsequent conviction, with imprisonment for a term which may extend to one year, and also with fine which may extend to five hundred rupees: 36 [Provided that where an offence under this section is committed by a man, he shall be punishable with imprisonment for a period of not less than seven days but which may extend to three months.]
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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