Remedy if caught having sex in the spa without money exchange

51 votes

In the specific scenario you have described, if the "spa girl" is a sex worker or a prostitute, then engaging in sexual activity with her would be illegal under Indian law, regardless of whether it was consensual or not. However, if the person was not engaged in prostitution and the sexual activity was consensual, it would not be illegal under Indian law.

It is worthwhile to note that if the "spa girl" in your scenario is a prostitute, then the following laws could be applicable:

1. Immoral Traffic (Prevention) Act, 1956: This is a central law that criminalizes trafficking in persons for the purpose of prostitution, as well as soliciting, living on the earnings of prostitution, and brothel-keeping. If the spa owner is found to be involved in trafficking or running a brothel, they could be prosecuted under this law. The prostitute will be liable for soliciting the client in the first place.

2. Indian Penal Code, 1860: Engaging in sexual activity with a prostitute is considered a criminal offence in India under Section 370 of the Indian Penal Code, 1860. This section defines the offence of "trafficking of persons," which includes inducing or compelling a person to engage in prostitution or any other sexual exploitation for commercial purposes. The client will be held liable under this Section.

LawRato LawRato

821 votes

If sex happened with consent then generally it is not a crime but whereas if it happened at spa centre and that is also out of the knowledge of the owner of spa centre then in that case the things could be clarified only after getting through the FIR copy and it's contents. For further clarification you can contact me.

LawRato LawRato

757 votes

hello dear questioner, i would like to tell you that according to your factual situation,you were caught red handed which can't be ignored.you were doing something illegal in a'' public place''. this act of yours falls within the ambit of 'immoral trafficking act'.
secondly, the illegal activity of yours does not cover up, your excuse of ''consenting parties to the sex",unless or untill the contrary is proved. so, you are presumed to be the guilty untill the actual facts are proved by way of evidence.
thus, three of you would be booked under the immoral tafficking act. but, there's a good scope to escape if your story is true. it can be a good case.

Advocate Nidhi Sharma LawRato

551 votes

If you both are major and doing that act with full consent in private room then no offence is made out. Police can not register any case against you. Police only could initiated the proceedings if you given wrong address or concealed your identity.

Advocate Ajitpal Singh Mander LawRato