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sex by consenting adults

Advocate

Two consenting adults are committing s*x in a room of Guest HOuse. Both the adults are not married and even not in live-in relationship. Its like a case of call girl being called in a room of guest house and both are indulged into s*xual activities. The police raids and catches both the adults red handed. The police book the manager of the guest house as well as both the adults under sections 3,4 and 5 of Immoral Traffic(Prevention) Act. All the accused are out of bail. Whether the lodging of FIR under sections of I. T. ACt is justified. As far as I know about the provisions and purposes of the Act, it has been enacted to prevent the immoral trafficking of the girls for prostitution and running brothel. In the above said example neither the guest house is a brothel nor the girl has been brought to make her prostitute. She has come on her own will to committ the s*x and earn money. However, this act of the adults harms the society and it is against the society.


Now can any experienced lawyer or any one else explain me under what sections of what Act the adults should be booked OR what sections of the what law can apply in the present scenario so that the society is not harmed.

 
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Advocate

Dear Ayush:  Plz go thru this judgement for more insight on the subject matter.

http://www.lawyersclubindia.com/share_files/Delhi-High-Court-on-s*xual-privacy/4023/

 
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Advocate

I am not able to open this file. It would be better if you could sent it through some other means. Thanks

 
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