• Regarding Shweta Basu story

I hope you are aware of popular actress Shweta Basu arrested in sex racket. My question is that is it really a crime in India. She was in need of money and client who was paying may have paid her the same in exchange of sex. In no way this can be treated as rape right? So why is the police OR law even bothered about what they do of there bodies.It is there soul and there body, they have full right to do whatever they want to unless its not a act of rape against women. Do you feel they should be punished for this? First of all i fail to understand why this is considered as a Crime in India. In case this is a crime then, what is the maximum punishment for both client and Shweta as per new laws in india?
Asked 2 years ago in Criminal Law from Vasai, Maharashtra
1. Unlicensed prostitution is crime in India,

2. She has committed a crime punishable in law,

3. Our thinking about its right or wrong is immaterial. What is important here is whether it is legal or illegal,

4. Unlicensed prostituion in hotel is illegal, hence punishable,

5. We are not aware as to what are the sections she has been charged against to inform the quantum of punishment.
Krishna Kishore Ganguly
Advocate, Kolkata
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Hello,
It is a crime and that is why she has been arrested and as far as the reports in the dailies are concerned it was an instance of unlicenced prostitution in a place not designated for the purpose.
It is immaterial what you or I think about it ,what matters is whether the act contravenes the law of the land.
It is a crime in India as it is not licensed in the present case.
Since the the sections under which the crime is booked is unavailable it would not be possible to comment on the maximum punishment.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
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1. In india no one has right to use his body as a goods.
2. Fundamental right enshrined in article 21 that  no person shall be deprived of his life or personal liberty except according to procedure established by law, it does not means that a person has absolute right to use his body in any manner.
3. Article 19 impose some restrictions on right to freedom, and these restrictions are also applicable towards right of personal liberty.  
4. Article 19 (2) :- State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right  in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
5. so a lady with her consent can not establish relation with one or more than one men that PUBLIC ORDER may going to endangered or disturb public tranquility.
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
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The Immoral Traffic (Prevention) Act or PITA is a 1986 amendment of legislation passed in 1956 as a result of the signing by India of the United Nations' declaration in 1950 in New York on the suppression of trafficking.[28] The act, then called the All India Suppression of Immoral Traffic Act (SITA), was amended to the current law. The laws were intended as a means of limiting and eventually abolishing prostitution in India by gradually criminalising various aspects of sex work. The main points of the PITA are as follows:[29]

Sex Workers: 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, point 8)
Sex worker also punished for prostitution near any public place or notified area. (Imprisonment of up to 3 months with fine, point 7)
Clients: A client 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, point 7) The client may also be punished if the sex worker is below 18 years of age. (From 7 to 10 years of imprisonment, whether with a child or a minor, point 7)
Pimps and babus: Babus or pimps or live-in lovers who live off a prostitute's earnings are guilty of a crime. Any adult male living with a prostitute is assumed to be guilty unless he can prove otherwise. (Imprisonment of up to 2 years with fine, point 4)
Brothel: Landlords and brothel-keepers can be prosecuted, maintaining a brothel is illegal. (From 1 to 3 years imprisonment with fine for first offence, point 3) Detaining someone at a brothel for the purpose of sexual exploitation can lead to prosecution. (Imprisonment of more than 7 years, point 6)
Procuring and trafficking: A person procures or attempts to procure anybody is liable to be punished. Also a person who moves a person from one place to another, (human trafficking), can be prosecuted similarly. (From 3 to 7 years imprisonment with fine, point 5)
Rescued Women: The government is legally obligated to provide rescue and rehabilitation in a "protective home" for any sex worker requesting assistance. (Point 21)
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 under the PITA. Brothel in context of this law, is a place which has two or more sex workers (2a). Prostitution itself is not an offence under this law, but soliciting, brothels, madams and pimps are illegal.[30]
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
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She is prosecuted under immoraral traffic act maximum punishment is 3 years but if she proves innocent she will not be punished it is based on evidence adduced and depends on what other accused says.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Prostitution is crime and she has committed crime.The primary law dealing with the status of sex workers is the 1956 law referred to as The Immoral Traffic (Suppression) Act (SITA).In practice SITA is not commonly used. The Indian Penal Code (IPC) which predates the SITA is often used to charge sex workers with vague crimes such as "public indecency" or being a "public nuisance" without explicitly defining what these consist of. Recently the old law has been amended as The Immoral Traffic (Prevention) Act or PITA.
he law penalizes the prostitute who solicits customers by words or gesture or willful exposure of her body.  This can be punished with imprisonment of up to six months and/or fine of up to Rupees 500
Section3. Punishment for keeping a brothel or allowing premises to be used as a brothel.


(1) Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel, shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent to conviction with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees.





(2) A any person who, -





(a) Being the tenant, lessee, occupier or person in charge of any premises, uses, or knowingly allows any other person to use, such premises or any part thereof as a brothel, or





(b) Being the owner, lessor or landlord of any premises or the agent of such owner, lessor or landlord, lets the same or any part thereof with the knowledge that the same or any part thereof is intended to be used as a brothel, or is willfully a party to the use of such premises or any part thereof as a brothel, shall be punishable on first conviction with imprisonment for a term which may extend to two years and with fine which fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term which may extend to five years and also with fine.





(2-A) For the purposes of sub-section (2), it shall be presumed, until the contrary is proved, that any person referred to in clause (a) or clause (b) of that subsection, is knowingly allowing the premises or any part thereof to be used as a brothel or, as the case may be, has knowledge that the premises or any part thereof are being used as a brothel, if, -





(a) A report is published in a newspaper having circulation in the area in which such person resides to the effect that the premises or any part thereof have been found to be used for prostitution as a result of a search made under this Act; or





(b) A copy of the list of all things found during the search referred to in clause (a) is given to such person.


 

Section5. Procuring, inducing or taking person for the sake of prostitution.


 

(1) Any person who-





(a) Procures or attempts to procure a person whether with or without his/her consent, for the purpose of prostitution; or





(b) Induces a person to go from any place, with the intent that he/she may for the purpose of prostitution become the inmate of, or frequent, a brothel; or





(c) Takes or attempts to take a person or causes a person to be taken, from one place to another with a view to his/her carrying on, or being brought up to carry on prostitution; or

(d) Causes or induces a 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.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. If you want to have sex as a medicine for elimination of depression, so you can do so but must bear in mind that have illegal sex in any country of the world is punishable in India because section 3 of IPC says that :- Any person liable, by any Indian law to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed
within India.

2. If you have caught red handed then provisions of IPC is applicable upon you. 

3. Every Indian citizen is bound by Indian law , it does not matter that wherever he committed any offence.

4. Section 4 of IPC says that :- The provisions of this Code apply also to any offence committed by— any citizen of India in any place without and beyond India.In this section the word "offence" includes every act committed outside India, which, if committed in India, would be punishable under this Code.

5. Prostitution is not strictly illegal in Thailand, though solicitation and public nuisance laws are in effect. In practice it is tolerated and partly regulated.

6. The Prevention and Suppression of Prostitution Act is the central legal framework prohibiting prostitution in Thailand.


7. In Thailand the entertainment Places Act places the onus upon the owner of certain types of entertainment establishments if prostitution occurs on the premises, thereby making them criminally liable.
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
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Why don't start a new life by getting married instead of feeling depresses.if you are caught then you will be booked by law.then you will have to bear it and get ashamed.concentrate your mind on  sprituality a little by little. Devote your time to something. Get a counselling
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Dear Querist
The marriage is the best option for you, if you are not able to get married then there is always risk every where when ever you go for sex with the prostitute and the sex can not be give you full pleasure if at the time of sex any type of fear is in mind.
remain you think better for you.
contact a sexologist or counselor.
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
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it is better you contact any counselor for this. having illegal sex is no remedy. if you want to go for same be ready face consequences for that without any tension in case u caught
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. You have been mentioning about what you think should be right ot fare whereas I have been trying to drive home that your feeling is immaterial before the Court and what is wrong or right as per law will only be considered by the Court of law,

2. Engaging yourself with a prostitute in a hotel is punishable as you are awrae of it from the Sweta Basu case,

3. Your argument for engaging our self with an illegal act to forget your GF msy not be acepted by the Court at all,

4. You can try a Bangkok trip if you really enjoy being with prostitutes with ot without your sweet reason.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
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yes, u will be arrested if u go for illegal sex in hotel. better get married.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0

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