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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
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
Delhi | 200+ Answers
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Can police raid hotel rooms?
The Code of Criminal Procedure, 1973 CrPC, Section 165, gives them the right to enter your private property if. They have the right to enter private property when they are able to prove that. They have a reasonable suspicion of illegal activity. On the property, illegal activities are taking place. 22-Oct-2021
Can I take my 17 year old girlfriend to hotel?
A couple who are not married cannot be denied a hotel room in this country.
Do police raid hotels in Hyderabad?
On Tuesday, the Cyderabad Police busted a prostitution ring in the city that involved over 14,000 prostitutes. They conducted raids at several prominent hotels, where they arrested 17 people, including the manager. 07-Dec-2022
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 Agarwal
Lucknow | 100+ Answers
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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 Adil
Allahabad | 25+ Answers
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- Raid in Delhi hotel
- Why do police raid hotels in India
- What is raid in hotel
- Can police raid couple friendly hotels
- When do police raid hotels in Hindi
- Why police raid in OYO
- what if i am in an oyo with my partner and there is a police raid?
- Police raid in Oyo rooms Hyderabad
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 Gautam
Greater Noida | 25+ Answers
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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 Singh
Lucknow | 25+ Answers
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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 Gujral
Noida | 25+ Answers
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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
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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