• Taken escort service

Hi sir , 

Sorry for this if I m starting with some indecency actually . I had taken escort service in past.
I book a call girl 4 times In previous 6 months from a broker and I make payment to him 2 times by paytm and 2 times in cash . 
He generally book a 4 star hotel and called a girl over there.
But problem is that broker got arrested by the police I got information from locals . And we both had done what's app chat where he send me pics of girls . I just hire call girls bcoz my divorce is not being done and i m living alone from past 5 yeara
Till now I have not received any phone call from police . But I am in a fear that I could receive the same o the basis of what's app chat or through paytm records. 

Pls confirm below points 

Is booking a call girl from broker is a crime 
What case a police can file against me 
Can police offcial called me in police station bcoz I had hire call girls In the past but police has not caught me while in hotel . 
Is there is serious implication against clients can police arrest me as well for taking escort service . 

Kindly clarify
Asked 4 years ago in Civil Law

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8 Answers

The act done by you is punishable by the law under the immoral trafficking prevention.  You shouldn't contact the broker again not the call girls. I think you lie low for a while ie dont contact him or the call girls. Don't contact the person who has lead you to the broker. 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Police can't book you under any offence till you are not having sex with her in brothel

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

the Karnataka High Court recently ruled that there is “no penalty” for a “customer” who uses the services of a prostitute.

 

2) 

The petition was filed under Section 482 of CrPC in order to quash the entire proceedings in crime registered under Section 370 of IPC and Sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act.

The 1956 legislation intends to combat trafficking and sexual exploitation for commercial purposes. While prostitution is not an offence, practising it in a brothel or within 200 metre of any public place is illegal

However, the judge while elaborating on the sections under the ITP Act stated that there was no provision that held the customer guilty.

Section 3 of the ITP Act provides punishment for running a brothel or allowing premises to be used as a brothel, Section 4 provides for punishment of living on the earnings of the prostitution, Section 5 provides procuring, inducing or taking a person for the sake of prostitution and Section 7 applies to prostitution and in or in the vicinity of public place.

“This court has consistently come to the conclusion after analyzing the above said provisions 3, 4 & 5, that the constitution of the offences are not made-out so far as the customers are concerned,” reads the verdict.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

- If a person caught red handed at the time doing wrongs i.e. sex and the girl lodge a compliant against that person , then he can be arrested under the act of immoral traffic .. 

- Since, when you call a girl who was a professional and that time no raid taking place, hence police cannot arrest you for acts done in the past , even if there is any complaint for rape by that girl and she disclose a name. 

- Further, as per Supreme court, the consensual sex is not an offence in India ,if the opposite sex is a major. 

- Hence, to book a major call girl out of any parlors etc. , is not come under the offence.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Hi, unless and until you receive the call from the Police, you don't bother too much. Suppose, If the Police will register the case against you then you can apply for anticipatory bail. Further, it is difficult to say under which provisions of law police may register the case against you.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear Client, 

As you are a customer, you did not commit any offence and are not liable for any penalty, so the police can not book for you this as did not get caught in a brothel or for rape. 

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

There is no provision under the law, which makes prostitution per se a criminal offence. However, seducing any person for the purpose of prostitution or running a brothel is illegal.

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.

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.

However in your case you have not been found to indulge in the prostitution activities in any public place or notified area.

Moreover you have not been caught in a raid.

The mere availability of your phone number with the broker is not a crime including the money transfer to him. 

Prostitution itself is not an illegal act. 

Hence your fears for the possible action by police afterwards are unnecessary.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Sir,

There would be no serious implication and you may get anticipatory bail if any FIR is issued. Normally, it will be considered as petty case. If police goes on registering such cases on the customers then every four person have to face such criminal charges.  

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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