In India, including Delhi, the legal position on adult sex work is nuanced. The main law is the Immoral Traffic (Prevention) Act, 1956 (ITPA). Delhi follows this central legislation.
Core Legal Position
Voluntary adult sex work in private is not illegal. The ITPA does not make the private, consensual exchange of sexual services for money between adults a criminal offence. Selling sex by choice in a private setting is not banned under the Act.
The law focuses on preventing the commercialisation, organised exploitation, and trafficking related to prostitution — not on banning individual voluntary acts.
What Is Illegal under the ITPA
These activities are punishable:
- Keeping or managing a brothel (Section 3) — 1 to 3 years rigorous imprisonment + fine for a first offence.
- Living on the earnings of prostitution/pimping (Section 4) — up to 2 years + fine (higher if a child is involved).
- Procuring, inducing, or taking a person for prostitution (Section 5) — 3 to 7 years (up to 14 years if against the person’s will; higher for children).
- Detaining a person in a place of prostitution (Section 6) — minimum 7 years.
- Prostitution in or near public places / within 200 yards of certain notified places (Section 7) — up to 3 months.
- Public soliciting or seducing for prostitution (Section 8) — up to 6 months (first offence); up to 1 year (repeat).
A “brothel” is defined as any place used for sexual exploitation for the gain of another person or for the mutual gain of two or more sex workers. A single independent adult working from their own private residence is generally not treated as a brothel.
Supreme Court Clarifications (2026)
In a detailed 2026 ruling analysing the ITPA, the Supreme Court held that:
- Voluntary sex work by consenting adults is not illegal.
- Police cannot harass, arrest, or forcibly “rescue” or rehabilitate adult sex workers who are participating of their own free will.
- The primary purpose of the ITPA is to curb commercialised prostitution and trafficking, not to criminalise prostitution itself.
- Rehabilitation must be voluntary and cannot be forced.
Earlier observations (including 2022) had already affirmed that sex workers are entitled to dignity and equal protection under Article 21 of the Constitution.
Practical Implications for Escort-Type Services
- Independent, private, adult consensual arrangements sit in a legal grey area that is generally tolerated if there is no public solicitation, no brothel, no pimping, and no trafficking.
- Organised agencies, active public solicitation, hotel-based organised operations, or middlemen arrangements risk falling under the prohibited sections (brothel-keeping, living on earnings, soliciting, etc.).
- Clients engaging in private consensual paid sex with an adult are generally not prosecuted under the ITPA, unless the activity takes place in a public/notified place or involves a minor or trafficking.
- Involvement of anyone under 18 is a serious offence under the ITPA, POCSO Act, and related laws.
Enforcement Reality in Delhi
Known areas such as GB Road continue to exist in a practical grey zone. Organised activity there technically violates the ITPA, but enforcement is uneven. Following the 2026 Supreme Court directions, voluntary adult workers should not be subjected to forced custody or rehabilitation.
Important Disclaimer
This is a factual summary of the ITPA and recent Supreme Court observations (as of mid-2026). It is not legal advice. Specific facts, involvement of trafficking, minors, or public solicitation can change the legal outcome. Anyone seeking clarity on their particular situation should consult a qualified lawyer familiar with the ITPA and related criminal law.
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