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Law for customer with prostitute


24-Oct-2025 (In Criminal Law)
Could you please advise what is the law or punishment for the customer when caught with prostitute. Is police file FIR to the customer?
Answers (4)

Answer #1
166 votes
Having sex in a public place is an offense in India. It may be punishable under Section 296 of the Bharatiya Nyaya Sanhita (BNS), previously Section 294 of the Indian Penal Code (IPC), if it is considered an obscene act that causes annoyance to others.
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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
581 votes
Dear Client, 1. Yes. Under the Immoral Traffic (Prevention) Act, 1956, a customer caught soliciting or engaging in sexual activity in a public place can be punished with up to 3 months imprisonment or fine (or both). 2. Police can file an FIR if the act occurs in a public place or brothel, but private consensual sex between adults is not a crime. 3. Consult an advocate to discuss your case in brief. 4. You may schedule an appointment regarding your case by phone or email at your convenience. Thanks & regards, Priyanka Advocate Coimbatore
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Advocate Priyanka

Adv. Priyanka

LawRato Coimbatore | 100+ Answers
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Answer #3
796 votes
If a customer is caught with a prostitute in India, the applicable law is the Immoral Traffic (Prevention) Act, 1956 (ITPA). Under this Act, prostitution itself is not illegal, but activities such as soliciting in public places, running or visiting a brothel, or living on the earnings of prostitution are punishable. A person found as a “customer” in a brothel or caught soliciting may face arrest, and the police can register an FIR. Punishment may include imprisonment up to 3 months and/or fine for the first offence, and stricter penalties for repeat offences. In many states, local police also book such cases under sections of the IPC or local laws relating to public order or indecency. In practice, the police usually file an FIR if the act is caught during a raid or if the place is identified as a brothel. The customer may be produced before the magistrate and, depending on circumstances, may be released on bail. Courts often treat the prostitute as a victim of exploitation, while the customer may be booked as an offender.
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Answer #4
983 votes
If a customer is caught with a prostitute during a police raid, action can be taken under the Immoral Traffic (Prevention) Act, 1956 (ITPA). As per Section 5A and 7, a customer found engaging in sexual activity in a public place or brothel can face arrest and prosecution, with punishment of up to 3 months imprisonment or fine (or both) for first-time offence. However, consensual sex between adults in private is not an offence. The police usually file an FIR only if the act occurs in a brothel or public place, or involves trafficking, solicitation, or exploitation.
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Advocate Venkatakrishnan A M

Adv. Venkatakrishnan A M

LawRatoChennai | 50+ Answers
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