Raj Kundra case: Lawyer says ‘vulgar content but cannot be classified as porn’

Businessman Raj Kundra’s lawyer argued that the contents uploaded on the app was vulgar but cannot be classified as porn.

Raj Kundra, husband of Shilpa Shetty, was arrested on Monday for his alleged involvement in a pornography-related case. Police named him as the ‘key conspirator’ in the case. According to the recent reports by NDTV, Raj Kundra’s lawyer made an argument in court that the vulgar content uploaded on the apps cannot be classified as porn.

According to NDTV, his lawyer, Abad Ponda, said it was incorrect to apply Section 67A of the Information Technology Act on sending obscene material in electronic form with sections in the Indian Penal Code that deal with pornography since the laws consider “actual intercourse” as “porn” and anything else is just ‘vulgar content’.

“The IT Act sections can’t be read with IPC sections, but here police has done this. Section 67A of the IT Act talks about sexually explicit acts. Only the actual… intercourse can be considered porn. Rest all is just vulgar content,” Mr. Ponda said.

“Police is following what web series are doing these days – vulgar content. But that’s not really classified as porn. Nothing in this remand shows that two people actually indulged in act of intercourse. If it’s not actual intercourse, it’s not classified as porn,” he added.

Further, he argued about the arrest and said, “Police custody should be an exception and not a norm. Arrest should be made only when the investigation cannot move further without the arrest. In this case, the accused was made to join the investigation once he was arrested.”

In a statement given by the Mumbai police, it was stated that police have enough evidence against Raj Kundra. However, there was no active role of Shilpa Shetty found in the investigation yet.

Raj Kundra has been accused of producing and streaming pornographic content via apps. Eleven people are arrested so far, for the case.

Subscribe to our newsletter
Subscribe to our newsletter
Sign up here to get the latest news delivered directly to your inbox.
You can unsubscribe at any time

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Read More