Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prashant Khade (Business Development Manager)     18 October 2011

Red light area crime

Hi,

I wanted to know if someone is captured by police in a red light area in a day time or in the night time, is it a crime. then is prostituion a crime and if no then why a person found in the red light area is arrested by police and why?

Are there any remedies for the person getting arrested in law and are poilce doing a legal thing here though the person is found doing no crime other than going with a prostitute.

Waiting for a reply.

Prashant



Learning

 23 Replies

Adv. Subhadeep Saha (Lawyer.)     18 October 2011

 

The law governing prostituion in India is the Immoral Traffic Prevention Act,1956 which prohibits & punishes only organized forms of prostituions like brothels, so called massage parlors & pimping etc. But unfortunately it does not per se makes prostitution illegal. One of the key features of the Act is that "DETAING A PERSON IN PREMISES WHERE PROSTITUION IS CARRIED ON". That's why clients who are caught in red light areas negotiating with pimps or prostitutes are arrested by the police while conducting raids. Whether the client actually taken the services of the prostitute is not the question. Merely his presence is sufficient to charge him. In reality the arrested clients pay hefty bribes to the police and get released forthwith without facing court. Seek the help of a local criminal lawyer.


(Guest)

ch........................................................ bhooth uthrega...

kuldeep kumar (lawyers)     18 October 2011

i agree with saha opinion.only organised crime is punishable.meet criminal lawyer

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 October 2011

It is not a crime. Delhi's redligt area is a bustling market in day time.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

1956, per se, red light, captured, hefty bribes, Waiting, pimping,incredible blue india... this is what drives our tourism revenue... 30% of our gdp... democracy is majority rights... and majority does not want to change 1956 to 2011...

Adv. Subhadeep Saha (Lawyer.)     19 October 2011

It is a very serious issue. some are in support of the legalization of this flesh trade. because the ITP Act is weak & outdated. it has failed to curb the meance of prostitution so far. large red light districts like kamathipura in bombay & sonagachi in kolkata are running like full fledged industries. only stringent laws can not curb it. societal conditions & peoples' mindset need change. human trafficking is a very serious crime. 

Prashant Khade (Business Development Manager)     19 October 2011

Frankly speaking that does not answer my question completely, I would rather want to know if anyone is caught in that area by police even in the night time is it a crime and can he argue with Police, if yes then what are the lawful points he can explain to the police to teach them law.


Because as per me if getting caught in such areas is a crime then why there is prostitution business in the society and why cant police stop that, I think they cant coz it is lawful and not a crime so I think getting caught in such an area should also not be a crime. I think if we say that to police they will beat us and we cant oppose them else that would be against law. And police know that ordinary people dont want to go to police station and courts :)

Let me know your  thought on the first question and also on the same.

Thanks,

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 October 2011

No it is not a crime.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Adv. Subhadeep Saha (Lawyer.)     20 October 2011

If you merely loiter in that area without negotiating with any pimp or s*x worker then it is not a crime. but the police may arrest you if you fail to show up any reasonable cause for being in that area at that time. at that time the suspicion may be raised against you that you must have gone to that area for the purpose of soliciting any s*x worker. though you may not have committed a crime still police may try to scare you for the purpose of obtaining bribe. and don't advance the argument that police can't stop prostitution means that it is legal. that would be childish! tomorrow someone will be in a drug peddlers' area & after arrest he will say the police can not stop drug peddling & hence it is legal & so I can not be arrested. So it is better to stay away from such area.

As per the ITP Act Sec.5C Any person who visits or is found in a brothel for the purpose of s*xual exploitation of any victim of trafficking in persons shall on first conviction be punishable with imprisonment for a term which may extend to three months or with fine which may extend to twenty thousand rupees or with both and in the event of a second or subsequent conviction with imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to fifty thousand rupees. 

Red lights areas are there does not mean that its existence is legal & permitted. police regularly conducts raids in such areas & rescue girls & arrest clients & pimps. I already told that law alone won't be able to stop this. can those s*x workers be sent back to the mainstream society from where they were forced to join this hated profession? will society accept them with dignity? that's why I told the problem is serious. so govt. is try to regulate this profession(not legalize!). 

Prashant Khade (Business Development Manager)     20 October 2011

I liked the response. But to be precise I would like to say for the last column that if the s.xwrks cant be sent back and the people can not accept them then let me ask you as In my First year law subject of criminology and penology it is mentioned that the society should accept them instead they should learn from the society to adhere the rules of law and not to commit any crime. Also they are sent to open prison system etc to be a good civilians which they should also do with the s..xworkers. Anyways to criminals also society cant accept with dignity so this issue can not be resolved with any proper solution.


If this stops then I believe the rape cases would increase and for adults it should be not restricted as it helps them to release the se..xul frustration which could be released on innocent girls and women which we call as molestation or rape. So in  way it is a good factor to control crime like rape and molestation.

 

Adv. Subhadeep Saha (Lawyer.)     20 October 2011

Thank you.

For the first part of ur post I would say that law in books & law in practice are 2 different things.

regarding the 2nd part I would say that many NGOs fighting for the rights of s*x workers agree with ur view.

what I think is that the conscience of the society must be changed & law can not change it. law can change one's conduct but not conscience.

Sandeep Aggarwal (Advocate)     20 October 2011

As dear Mr. Shonee is saying that It is No Crime then some other advocate is saying it is a Crime. Kindly clear this. Because whereas I think It is certainly a crime in INDIA as per Law, but i dont knoe the situation at Delhi Red light Area. Kindly explain.


(Guest)

because of this confusion, we see number of false rape cases settled out of court with money... example big film stars accused of rape and all or sudden there is no mention of the subject...  there is a fine thread between rape, marriage and prostitution... rakhee ka dhaga... everybody tries to misuse to their own benefit... this argument never ends... pay bribe and get out of the red light...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

Roaming in no crime.

 

Soliciting is crime.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query