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Is Prostitution Legal in India? Understanding the Laws & Rights Under BNS (2023)
- The Law Gurukul
- Jul 7
- 2 min read
Prostitution in India exists in a legal grey area—while it is not explicitly illegal, many associated activities are criminalized. With the introduction of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaces the Indian Penal Code (IPC), there are some key changes affecting sex work. This blog clarifies the legal status of prostitution under the new laws and the rights of sex workers.
Is Prostitution Illegal in India?
Prostitution itself (selling sex consensually) is not a crime in India. However, several related activities remain illegal under:
The Immoral Traffic (Prevention) Act (ITPA), 1956 (still in force)
Bharatiya Nyaya Sanhita (BNS), 2023 (replacing relevant IPC sections)
1. Key Changes Under BNS (2023)
The BNS has renumbered and slightly modified some sections related to prostitution:
Old IPC Section | New BNS Section | Provision |
Section 372 (Selling minors for prostitution) | Section 96(1) | Selling/buying a minor for prostitution (5-10 years imprisonment + fine) |
Section 373 (Buying minors for prostitution) | Section 96(2) | Purchasing a minor for sexual exploitation (same punishment) |
Section 354 (Outraging modesty of a woman) | Section 74 | Harassment or assault against sex workers remains punishable |
Section 294 (Obscene acts in public) | Section 294 (retained) | Public solicitation can still be penalized under local laws |
2. Immoral Traffic (Prevention) Act (ITPA), 1956
Running a brothel (Section 3) – Illegal (1-3 years jail).
Living on sex work earnings (Section 4) – Illegal (pimps & traffickers punished).
Soliciting in public (Section 8) – Banned (leads to arrest).
Prostitution near schools/religious places (Section 7A) – Extra penalties.
3. What is Still Legal?
Independent sex work (without solicitation, brothel, or pimp) – Not a crime.
Buying sex (not explicitly illegal) – But linked activities (trafficking, exploitation) are banned.
Rights of Sex Workers (Supreme Court Judgments)
The Supreme Court has upheld certain rights:
✔ Right to dignity & privacy (Article 21) – Cannot be arrested arbitrarily.
✔ Right to choose profession – If voluntary and not exploitative.
✔ Police protection – Must not harass or extort sex workers.
✔ Access to healthcare & welfare schemes – Govt. must provide support.
Key Legal Issues & Challenges
No Clear Legalization – Sex work is tolerated but not regulated, leading to exploitation.
Trafficking vs. Voluntary Work – Many victims are forced; BNS imposes strict punishments (S.96).
Police Harassment – Even though voluntary sex work is legal, cops often misuse ITPA/BNS.
Stigma & Lack of Labour Rights – No minimum wage, social security, or legal recognition.
What Needs to Change?
Decriminalize Voluntary Sex Work – Remove penalties for consenting adults.
Stricter Anti-Trafficking Enforcement – Protect victims, not punish them.
Legal Recognition & Labour Rights – Ensure health benefits, banking access, and safety.
Police & Judicial Sensitization – Stop wrongful arrests under vague laws.
Conclusion
Prostitution is not illegal in India, but the system pushes sex workers into vulnerability due to criminalization of related activities. The BNS (2023) continues penalizing exploitation, but voluntary sex work remains unprotected. Legal reforms are needed to reduce stigma and ensure safety.
Need Help?
Anti-Trafficking Helpline: 1098 (Childline) / 112 (National Emergency)
Legal Aid: State/District Legal Services Authority (free aid)
Disclaimer: This is general awareness, not legal advice. Consult a lawyer for case-specific guidance.
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