• Escort service fraud

I have call a call-girl for service they asking 500 for the service advance booking . after they told me to meet at location and paid the remaining amount after paying amount at location they told me pay more for some service then I reject the call now they are blackmailing that the girl will come my home etc. I have not shared my address with them I have not meet the girl. Did cyber cell or police take against me if I complain
Asked 1 year ago in Criminal Law
Religion: Hindu

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14 Answers

 No I don’t think any offence have been made out by you

Prashant Nayak
Advocate, Mumbai
32682 Answers
207 Consultations

Dont worry they can not do anything against you , you dont need to conplaint to anyone if they blavkmail again and again then go for police complaint 

Puneet Thakur
Advocate, Mandi
4 Answers

You should file a complaint with the cyber police immediately so that they cannot extort you in the future 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Don’t worry if you didn’t shared you address. If you still think that she will blackmail you, you can file a complaint online through MHA portal.  

Pawan Kumar Bhati
Advocate, Jodhpur
7 Answers

As per the details given by you, you have not committed any office. But if you receive any threatening call, do file a police complaint to protect your interest.

 

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

Such prostitution is illegal and punishable under immoral traffic Act. Depending upon complaint police can take action against you and also against prostitute and obviously against you also.   

Siddharth Srivastava
Advocate, Delhi
1423 Answers

You have been  cheated by agency 

 

2) no action would be taken against you or you complain 

Ajay Sethi
Advocate, Mumbai
97252 Answers
7855 Consultations

In India, prostitution is legal but there is no express provision stating its legality but trafficking is illegal.

Under Indian law, prostitution from consenting sex workers is not illegal until and unless the remuneration is received in exchange for sex with consent and without prior solicitation. 

Engaging the services of an escort itself would not mean prostitution as defined 

However these escort agents on the name of cops may demand more and more money by threatening you with the consequences, so you have to to either ignore their calls or can give a complaint to the cyber police about this illegal extortion activities. 

T Kalaiselvan
Advocate, Vellore
87451 Answers
2348 Consultations

The Law of Prostitution is governed by the The Immoral Traffic (Prevention) Act (PITA). This act does not criminalize a voluntary act of Prostitution done in private but criminalizes solicitation of sex work, running a brothel and sex work done in public (I'm guessing the middle man can be charged for all of the above). It is important to note that under this act a client of sex work can not be punished for anything but sexual activity performed in proximity to a public place, or if the client engaged in sex acts with a minor.

It is also important to note that such clients are often harassed by the police by charging them under IPC for moral indecency and public nuisance. This is simply wrong and illegal and can only be done only in special circumstances. Now the words - moral decency and public nuisance, are not defined in law and usually follow judge-made law or are gauged on a case-to-case basis.

Your best bet would be to collect as much proof as possible that you did not actually indulge in the acts and that you only intended to do so for self privately, as if you are somehow charged with solicitation, that could be ap problem.

 

The reality on the ground is that brothel keepers are highly integrated with the police, especially of certain areas. In case a police case is made against you and you are charged with any thing that you did not indulge in, make sure that first you do not lose your cool and are not frightened. This only seems to be a way to scare people into paying more money. These police and brothel owners also prey on the fact that people will be scared pof judgement and loss of reputation and will be afraid of other people knowing that they tried to indulge in paid sex. This is something you should keep in mind when approaching the cyber cell or other police. They will try to frighten you for losing reputation.

If you are okay with that and can control how and when the information dissipated, you should be ok! 

Charu Roy
Advocate, Delhi
5 Answers

Online fraud nothing will happen. Block all calls.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

Dear Client,

According to the information you have provided, you have not committed any offense. However, if you receive any threatening calls, it is important to file a police complaint to protect your interests. This will help the police to investigate the matter and take appropriate action against the person who is making the threats.

 

Anik Miu
Advocate, Bangalore
10292 Answers
121 Consultations

Hi Sir,
Firstly it must be noted that escort services are not illegal in India if the other person is being paid for the services taken and there us due consent. So, the fear of being caught by police or any other authority or even getting trapped in any criminal prosecution should not exist. 

Answer to the other query is:

Yes, if you have been scammed by an escort service and have been victim, you should report it to the authorities at the earliest. Also, try to gather evidences about the scam as the said evidences can be helpful in tracking down scammers and the black mailers.

Black mailing is a form of criminal intimidation which is punishable under section 503 ipc and further if someone is blackmailing you with a video/photo etc. and is making demands for money or any other favor, such act amounts to extortion and is punishable under section 384 of IPC. Therefore, a formal complaint can be filed with police authorities under said sections in the concerned police station and if police fails to register FIR in the same matter you can go in the Court which is having jurisdiction and file complaint.

Aarushi Ajain
Advocate, Jammu
6 Answers

You don't have to worry about this type of cheating. The act of placing a call is not a crime; no criminal charge could be brought against you for making the call. When they find out you are afraid, they will raise their demands. You are not contacted by a cyber cell, but instead, you are threatened by the escort centre agents.

Ajay N S
Advocate, Ernakulam
4095 Answers
113 Consultations

- It is clear that she is trying to extort amount from you in the name of providing services

- Further , as you have already rejected her proposal and even not taken any services from her physically and online , it means no offence is committed by you. 

- If she continued to call then you can lodge a complaint/information with police for your safety against her , for extortion under section 384 of IPC, and for threatening to implicate in false cases.

- No case made out under the cyber cell or police against you. 

Mohammed Shahzad
Advocate, Delhi
14650 Answers
224 Consultations

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