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is sex chat illegal can i be arrested


15-Apr-2023 (In Cyber Crime Law)
A girl texted she wants to have sex in an online chat site. When I replied she asked me to come to a place. I asked if she was charging and asked her size. She replied me her size. I asked her to text a pic and also rate. Then she said she was police and traced my ip address and gonna arrest me. What should I do..?
Answers (4)

Answer #1
223 votes

It is important for you to know that you have committed the following offences -

  1. Section 5 of the Immoral Traffic (Prevention) Act, 1956 criminalizes soliciting, procuring, or facilitating prostitution, and any activity that involves sex in exchange for money or other benefits. This means that anyone who procures in an online sex chat consequenting into such illegal encounter can be prosecuted under the law. This offence is punishable with rigorous imprisonment for a term of not less than three years and not more than seven years and also with fine which may extend to two thousand rupees. 

  2. Section 67A of the Information Technology Act, 2000 prohibits the publishing or transmitting of sexually explicit content in electronic form, which includes online sex chat or any other form of online sexual activity involving explicit content. Section 67A states that anyone who “publishes or transmits or causes to be published or transmitted in the electronic form” any obscene material can be punished with a jail term of 5 years along with a fine of Rs 10 lakh.

Yes, you can be arrested for having committed the above offences.

It is important for you to know that when a person is arrested under the Criminal Procedure Code (CrPC), they have several rights that are guaranteed by law. These rights include:

  1. Right to be informed of the grounds of arrest: The person being arrested must be informed of the grounds for their arrest and the reasons for their detention.

  2. Right to be produced before a Magistrate: The person arrested must be produced before a Magistrate within 24 hours of their arrest, excluding the time necessary for the journey from the place of arrest to the Magistrate's court.

  3. Right to legal representation: The person arrested has the right to be represented by a lawyer of their choice. If they cannot afford a lawyer, the court will provide one for them.

  4. Right to silence: The person arrested has the right to remain silent and not incriminate themselves.

  5. Right to medical examination: The person arrested has the right to be medically examined after their arrest and again if they are remanded to custody.

  6. Right to bail: The person arrested has the right to apply for bail. If the offence is non-bailable (which is your case as per your facts), the accused will not have an automatic right to bail, and they will have to apply for bail before the court. The court will consider various factors such as the seriousness of the offence, the likelihood of the accused absconding, the potential danger to society, and the possibility of the accused tampering with evidence, before granting bail. The right to bail is an important right for a person who has been arrested under the CrPC.

  7. Right to protection against illegal detention and torture: The person arrested has the right to be protected against any kind of illegal detention, torture, or inhuman treatment.

These rights are important safeguards to ensure that the person arrested is treated fairly and with dignity, and they are essential to protect the fundamental rights of the individual.

It is advised that you engage a criminal lawyer of your choice to discuss a defence strategy with.


People also ask

Is chatting with a girl a crime?

It is not illegal to chat with a girl on the phone, but it is illegal to hire women for sexual services if you are caught. Sending such a message to a woman is also illegal unless she offers such a thing. If someone is trying to extort money from you, then you should file a police report against them.

Is sexting a crime?

The law against sexting Section 66 (e) of Information Technology Act, however, prohibits the transmission of pictures of a persons private parts without their consent. The punishment for this is three years imprisonment, a maximum fine of two lakh rupees or both.

Is phone sex is legal in India?

The Information Technology Act of India makes it illegal to ask for sex. Phone sex is also prohibited. If it was just a normal chat without any of these details, then its perfectly acceptable. After an investigation, if she makes a complaint against you, legal action can be taken.

Is it safe to sex chat with strangers?

The cop said that video chats and private conversations in a compromising position are to be avoided, as they could be used for blackmail. He added that the police regularly delete objectionable clips from victims but the problem is widespread. 27-Dec-2020

  
Answer #2
697 votes
Hi, Sex chat is illegal in india as per IT act. You may be convicted under the same after the set of legal process. It is the act by set of people over WWW ( they could be from cyber crime department, hackers .. etc.,). In your case, they are able to trace you using the IP address(they must be already having your personal details hacked from your PC using trojans,antiviruses,malware .... etc), So, it does mean they could be detectives but unless i discuss with you i would not able to understand their intention.
Answer #3
903 votes
Approach Cyber crime branch of police and file a police complaint giving all the details.After investigation if police find the caller has been cheating , they will take action against the caller and all concerned.

Answer #4
334 votes
According to the IT Act, sex chat is prohibited in India. After a set of legal processes, you may be found guilty under this act.
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