Charged under PITA act

I am Rahul from Rajasthan. Last month I visited a massage parlour in my city for regular massage. After I went in , police RAIDED the place after few minutes and arrested everyone inlcuding 3 other boys, 2 owners and few female members. We all are charged under PITA act 3,4,5,6,7. FIR says that I was found in a closed room along with a girl in semi naked condition. Similar case filed for other 3 boys.

Most likely police will show me as a customer in this case, they are going to file the chargesgeet soon in the case:

1- Can you please help me with what are the likely punishments that I can receive from the court.
Currently the case is in Session Court.

2-Is there a way I can come out of the case and not receive any punishment? Please help me out with your experience on such cases and their results in the past.

3-Also please share your direct contact, so that I can call and reach out to you after paying your due fee.Thanks!

Rahul

Asked 5 years ago in Criminal Law

Religion: Hindu

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10 Answers

1) Section 3 punishes any person with rigorous imprisonment who keeps or allows premises to be used as a brothel. The manager of a brothel shall get a punishment between one year to three years with a fine of Rs. 2000 on first conviction and for subsequent conviction the punishment shall be between two to five years with the same amount of fine

2)As per section 4, a person living his life from the money made by a prostitute can be imprisoned for two years or a fine of Rs. 1000 or both and if found such earning is made from prostituting a child or a minor then it can go up to ten years no less than seven years of imprisonment shall be served.

5)Section 5 of the PITA pertains to procuring, inducing or taking [person] for the sake of prostitution. This offence is complete when a person procures another person for prostitution or induces such person to go from any place with intent that such person becomes the inmate of a brothel or to take such a person from one place to another to carry on prostitution.” The punishment is rigorous imprisonment of 3 to 7 years with Rs. 2000 fine.

6)Section 6 allows the court to punish a person detained in any place used for prostitution for seven to ten years imprisonment of either description along with fine.

7) you can apply for and obtain anticipatory bail from sessions.wait for filing of charge sheet by police

Ajay Sethi

Advocate, Mumbai

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Thanks for your response. My concern is that if the police does not have any evidence against me that I was involved in prostitution, can I get punishment.

Can the court merely punish me on the grounds of allegations made in the FIR?

Also I found below articles online where a high court has said that 'Customers in PITA case are not legally bound to be punished'.

https://www.casemine.com/judgement/in/5b81687b9eff430e1391dee8

https://www.news18.com/amp/news/india/no-case-against-prostitutes-customer-as-there-is-no-legal-provision-says-court-experts-unhappy-1881553.html

Please advise me if the same would be applicable in my case too.

Asked 5 years ago

Taking service from prostitutes is a crime.

However in such cases police hardly could manage to prove the case.

Therefore engage a good advocate and defend the case successfully.

Devajyoti Barman

Advocate, Kolkata

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1. 3. 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 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.

4. Punishment for living on the earnings of prostitution.—

(1) Any person over the age of eighteen years who knowingly lives, wholly or in part, on the earnings of the prostitution of [any other person] shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both

5. 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 [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 [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"

(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] carrying on, or being brought up to carry on prostitution; or

(d) causes or induces a [person] to carry on prostitution,[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

6. Detaining a [person] in premises where prostitution is carried on.—

(1) Any person who detains [any other person, whether with or without his consent],—

(a) in any brothel, or

(b) in or upon any premises with intent [that such person may have sexual intercourse with a person who is not the spouse of such person], [that such person may have sexual intercourse with a person who is not the spouse of such person]," shall be punishable [on conviction, with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years].

7. Prostitution in or in the vicinity of public places.—[

(1) Any [person], who carries on prostitution and the person with whom such prostitution is carried on, in any premises,—

(a) which are within the area or areas, notified under sub-section (3), or

(b) which are within a distance of two hundred metres of any place of public religious worship, educational institution, hostel, hospital, nursing home or such other public place of any kind as may be notified in this behalf by the Commissioner of Police or magistrate in the manner prescribed, shall be punishable with imprisonment for a term which may extend to three months.]

2. It depends on how your advocate presents his arguments strongly to convince court to take you out of this case without any punishment.

3. You can contact the chosen advocate of this forum whose details will be available ion this forum against his contact icon

T Kalaiselvan

Advocate, Vellore

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The police will not file the charge sheet without creating any evidence against the persons on whom the FIR was registered.

Can the court punish means, you may have to depend on your advocate to defend your interests.

The judgments you cite shall depend on case to case basis, hence you may better prepare your defence very strongly to challenge the case properly during trial proceedings.

T Kalaiselvan

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Burden of proof is upon prosecution to prove allegations beyond reasonable doubt

you would not be punished merely because of allegations in FIR

Ajay Sethi

Advocate, Mumbai

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First have to try to manage police so that ur name can be deleted from the charge sheet .

If not than according to substances in chageaheet, have to file application court for discharge.

Thirdly, contest the case on merit and more likely if found guilty, you may acquit by merely paying fine.

Contact me represent to your case.

Yogendra Singh Rajawat

Advocate, Jaipur

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The police has charged you with these sections. You should file a discharge application before the trial court. Moreover you should also file a fir quashing petition before the rajasthan high court. Book a consultation through this website. I have an office in Jaipur too.

Rahul Mishra

Advocate, Lucknow

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The case you have cited is a different case. facts and circumstances of the case matter and therefore all allegations against you must be seen and then a quashing of fir and subsequent charge sheet can be filed.

Rahul Mishra

Advocate, Lucknow

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Dear sir,

No the court cannot punish anyone based on mere allegations. To give punishment, first the court needs to hold one guilty of an offense and this guilt is to proved by the prosecution. The burden rests upon the prosecution to prove that you were involved in any sort of offence. You have to work on creating a strong defense. As far as the judgements cited by you are concerned, the facts and circumstances of those case vary and you shall take aid of your lawyer for apt case laws. Thank you,