• Prostitution laws

What exactly constitute as evidence for police to nail a person as a client looking for prostitute. Further what if person visited a prostitute and later the prostitute is arrested with some other person, does past activity invite investigation? Especially if the person was never caught as a client visiting prostitute
Asked 5 months ago in Criminal Law from vadodara, Gujarat
Religion: Hindu
1)law  forbids a sex worker to carry on her profession within 200 yards of a  public place. 


2)prostitutes can practise their trade privately but cannot legally solicit customers in public.

3)A prostitute who seduces or solicits shall be prosecuted. Similarly, call girls can not publish phone numbers to the public. (imprisonment up to 6 months with fine, )

4)A customer  is guilty of consorting with prostitutes and can  be charged if he engages in sex acts with a sex worker within 200 yards of a public place or "notified area". (Imprisonment of up to 3 months,

5)Public place in context of this law includes places of public  religious worship, educational institutions, hostels, hospitals etc. A  "notified area" is a place which is declared to be "prostitution-free"  by the state government

Ajay Sethi
Advocate, Mumbai
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as mentioned in reply to your earlier query since no customer was found during raid he would not be prosecuted . merely because customer had taken sexual favours in past would not make him liable 
Ajay Sethi
Advocate, Mumbai
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1218 Consultations
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What exactly constitute as evidence for police to nail a person as a client looking for prostitute. Further what if person visited a prostitute and later the prostitute is arrested with some other person, does past activity invite investigation? Especially if the person was never caught as a client visiting prostitute

With regard to immoral traffic act and offences there in, whoever has been  caught red handed is deemed to have committed an offence under the said act. Police cannot arrest anyone on mere suspicions in this connection. Offence is only after it is done and not before that. One may be visiting the brothel regularly but if he was not caught red handed on the date of raid, how can he be alleged as having committed an offence.
T Kalaiselvan
Advocate, Vellore
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Purpose of asking question is because 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. The girls arrested have charged spa owner of promoting prostitution.

Arresting the owner and the girls employed there are the problems of the owner and the girls. 
You might have been regularly visiting the spa but you were not caught for doing any offence, in fact you were not in the scene of crime at all when the police raided so how can police book you for the offences you have not done or caught red handed while committing the offence.
T Kalaiselvan
Advocate, Vellore
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The nature of evidence is not uniform in all cases. If police has information that prostitution is underway at a place it normally sends its own personnel disguised as a customer in civil clothes and then conducts the raid. Direct raid can also be conducted but this is not the norm. If the offence is within the limitation period the cognizance can be taken by the court even if it relates to a past act.
Ashish Davessar
Advocate, Jaipur
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Section 468 of the Code of Criminal Procedure lays down the period of limitation for taking cognizance of an offence. According to this Section, if an offence is punishable with fine only, the period of limitation shall be six months and if the offence is punishable with imprisonment for a term that does not exceed one year, the period of limitation is one year.

2) Section 468, further makes it clear that if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation shall be three years. 

3)However, this Section does not lay down the period of limitation for offences punishable with imprisonment exceeding three years. Meaning thereby there is no outer limit qua the limitation in relation to the offences having punishment for three years or more. 
Ajay Sethi
Advocate, Mumbai
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What constitutes limitation period technically

Limitation about what?
There is no question of limitation in your case.  Under such offences the arrests or legal actions will be taken only when  on finding somebody doing this offence and not on an imagination or guess or on what has happened in the past which has not been seen or reported or there any evidence for continuation of the said offence as on the date of the present raid. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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Come with specific facts if you want to have specific information.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
5.0 on 5.0

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