Can police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (2024)

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02-Apr-2023 (In Criminal Law)

I am 18 years old and my girlfriend is 17 years. can we stay together in a hotel in India? If a couple who are consenting adults are staying in a hotel with their valid IDs provided to the hotel management are committing any sought of crime.. Does the police has the right to arrest or file a case against such couples . What to do if police is harassing the couple under such circ*mstances

Answers (7)

Answer #1

In India, the legal age of consent for sexual activities is 18 years, and engaging in sexual activities with a person below this age is a criminal offence. Private sexual activities between consenting adults are considered to be a personal matter and are protected by privacy rights. If a couple is engaging in sexual activities within a hotel room and both parties are above the legal age of consent, and they are not violating any other laws related to public indecency, prostitution, or trafficking, then they are not committing a crime and cannot be subjected to unlawful search and seizure or harassment by law enforcement officials. Thus, a police raid in Oyo rooms if not backed by valid warrants of arrest or search is a violation of human rights.
It is worthwhile to note that the police are responsible for maintaining law and order, and they have the authority to take action in certain situations of illegal activities such as prostitution, drug trafficking, gambling, or human trafficking which is why police raid hotels in India. However, they are also bound by the law and must follow due process and respect the rights of citizens. If the police a conducts raid in a hotel room despite the couple not committing any illegal activity, the couple can assert their legal rights. At the time of such a police raid in a hotel, the couples should not feel pressured to consent to a search of their room without a warrant or probable cause. In such case, the couple can file a complaint against the police officer with the nearest Magistrate under Section 166 of The Indian Penal Code, 1860 (Where a police officer disobeys the direction of law with intent to cause harm or injury to any person) or their respective State Human Rights Commission, which is responsible for investigating complaints of police misconduct. They can also file a complaint with the National Human Rights Commission, which has the authority to investigate human rights violations by the police.

Adv. Siddhant Sharma

Can police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (2)Delhi | 200+ Answers
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Answer #2

As per the law anyone above age of 18 and "consent" has full rights to stay, live, etc, if the Hotel Check in requires the documents of ID separate for both people and the same are submitted then Hotel cannot allow any Police or authority to barge in your room and charge with "indecent behavior in public" which is not at all relatable as the term consenting adults is in the picture. Action before Higher Authority like DG Police can be taken up and if any action like FIR or charge-sheet has been done by Police then same be immediately challenged before High Court for quashing under Section 482 Cr. PC.

Adv. Ashish AgarwalCan police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (5)Lucknow | 100+ Answers
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Answer #3

There is so many fault iregarding this type of cases.In our constitution,if a boy Completed his 21 and a girl 18.Then they are free will to have physical relation but when a couples staying in some hotel then police arreste in ground that there are going illegal work.In this situation only a citizens ca harass.If you have strength and power then you can file a case againt the police in a court 156(3) crpc
but no one do this.This is real fact.

Adv. Mohd AdilCan police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (7)Allahabad | 25+ Answers
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Answer #4

No, absolutely not. The problem is we are not aware of our rights. So the answer of your question would be no. Police can't arrest any couple who is voluntarily staying together in a hotel, if they both are older than 18 years of age.

Adv. CP GautamCan police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (9)Greater Noida | 25+ Answers
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Answer #5

No Police cannot arrest in this case , but Police can arrest you on any apprehension. You both should be major in age and shall produce identity card when asked . There is no provisions to arrest . Staying in hotel is not illegal .

Adv. Alok SinghCan police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (11)Lucknow | 25+ Answers
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Answer #6

Police cannot harass the couple and if it so then, the lady can call on the women help line number and lodge a complaint against the police man for harassment.

And in some cases police definitely can lodge an FIR if a lady along with you is married and her husband gets to know about it, he can file a complaint against you and get his wife MLC done there and then. MLC refers to the medical check up.

Adv. HS GujralCan police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (13)Noida | 25+ Answers
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Answer #7

In India, unmarried couples, even if one partner is 18 and the other is 17, can generally stay together in hotels with valid identification. Police cannot arrest consenting adults staying in hotel rooms with valid IDs. Hotel staff usually request government-issued photo IDs, such as Aadhar cards or passports, to establish the identity and age of guests.
Concerns about police raids in hotels can arise due to various reasons, including illegal activities happening on hotel premises. Police may conduct such raids to maintain law and order. However, these raids should not target law-abiding couples.

It's important to be aware of local laws and hotel policies, but staying in hotels with valid IDs should not pose legal issues for unmarried couples in India. However, do note that the legal age of consent for sexual activities is 18 years, and engaging in sexual activities with a person below this age is a criminal offence.People over the age of 18 have the right to privacy, including the right to engage in sexual activities in private. Police cannot search a hotel room without a warrant unless they have reasonable suspicion that a crime is being committed or that there is an emergency situation.In other words, if you are a consenting adult in a hotel room, the police cannot search your room without a warrant.

Adv. Chikirsha Mohanty

Can police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (15)Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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Can police arrest couples who are staying in hotels with valid ID's - FREE LEGAL ADVICE (2024)

FAQs

Why is local ID not allowed in hotels? ›

It is safe to say that a majority of local ID holders looking to book rooms in their localities are unmarried couples. Though there is no law that denies a room to unmarried couples, due to social norms and moral policing, hoteliers may refuse them rooms in fear of putting their reputation at stake.

Do hotels need ID of both guests? ›

The answer, often dictated by hotel policies and legal requirements, leans towards yes for several compelling reasons. Verifying the IDs of all guests enhances the safety and security of the hotel environment by providing a complete account of who is staying on the premises.

Can a hotel give out guest information to police in California? ›

Generally, hotels must comply with lawful requests from law enforcement, such as subpoenas or warrants, which legally compel the disclosure of guest information. However, absent such legal demands, disclosing guest information without consent can breach privacy laws and violate guest trust.

What is meant by couple friendly hotels? ›

Couples friendly hotels are a type of hotel where unmarried couples are allowed to have accommodation. But in one condition they allow it and that is a couple must show their ID proof. The ID proof is a mandate that they are above 18. That means they are adults.

Are hotels strict with IDs? ›

Most hotels will accept any form of government-issued identification as long as it is valid and up to date. However, some hotels may require additional forms of identification such as proof of address or credit card information in order to complete the check-in process.

Do you need to show ID at hotels? ›

Here is what you need to know about hotel ID scanning policies. First, hotels may require guests to present a valid form of identification, such as a driver's license or passport, when they check in. This is done to verify the identity of the guest and to ensure that they are the person they claim to be.

What do hotels look for on IDs? ›

An ID scanner verifies guest IDs, ensuring that only people with valid government-issued identification can enter the premises. It also provides additional information on guests, such as their age, nationality, address, and other personal data.

Do hotels run names for warrants? ›

While hotels are legally required to check the identity of their guests, it is less common for them to perform comprehensive background checks. An important type of check that hotels should conduct is for outstanding warrants.

Are hotels allowed to give out information? ›

A hotel cannot disclose what room an individual is staying in. This would be considered a violation of the individual's right to privacy. A hotel, however, may disclose whether or not an individual is a guest at the hotel unless the guest expressly instructed the hotel staff not to do so.

Can hotel staff search your room? ›

However, if you engage in anything illegal or disturb other occupants, hotel management can enter your room without your permission. Hotel management, not law enforcement, can enter the room without your permission. Hotel management cannot give police permission to search your room.

Can hotel staff walk in your room? ›

While hotel staff generally cannot enter your room without permission, there are certain exceptions, such as emergencies, maintenance issues, or when the room is being checked out.

Can a hotel monitor your Internet? ›

By now, you should not doubt that the answer to “Can hotels see what you are browsing?” is yes. Unless you use a VPN, what you do online is visible. A VPN also protects you from the most common threats from public networks.

What is the meaning of unmarried couple with local ID? ›

A local ID in context of hotel rooms booking for unmarried couples is a form of identification that proves the couple lives in the same area. This could be something like a driver's license, passport, or other government-issued ID with both names and addresses listed.

Why do couples stay in hotels? ›

The availability of accommodations for couples assures that you may enjoy your time away from the cares of everyday life. Whether it's a quick escape or a longer stay, hotels for unmarried couples provide the ideal environment for couples to unwind and rejuvenate.

Is Guest House safe for couples? ›

In metropolitan areas and major cities, many hotels and accommodations may be more liberal and accepting of unmarried couples staying together. However, some hotels or guesthouses may have policies against it, so it's essential to check with the specific establishment beforehand.

Can a hotel refuse a local? ›

The short answer? Yes. Hotels have the right to refuse you service, especially if you live within the surrounding area. Usually this policy is put in place due to multiple instances of unruly local guests who cost the hotel money, caused damage, and/or upset other guests.

Which ID is accepted in hotels? ›

According to government regulations, a valid Photo ID has to be carried by every person above the age of 18 staying at the hotel. The identification proofs accepted are Aadhar Card, Driving License, Voter ID Card, and Passport. Without Original copy of valid ID the guest will not be allowed to check-in.

Does 5 star hotel accept local ID? ›

Yes, most of the 5 star hotels in India allow unmarried couples to stay provided both can provide local IDs. There are a few hotels which don't allow but this will be clearly mentioned in the guest profile. Indian travel companies like MakeMyTrip have this information.

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