Businessman Raj Kundra is currently in judicial custody after being arrested on July 19 by the Mumbai Police in an alleged pornography case. On Tuesday, Raj's lawyer, Abad Ponda reportedly told the court that classifying vulgar content as porn is incorrect. Putting forth his argument in the court, Mr Ponda, as per reports, claimed that it is not correct 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.
The lawyer reportedly added that these laws consider "actual intercourse" as porn and anything else is just vulgar content. A news portal's report quoted Mr Ponda as he told the court, "The IT Act sections can't be read with IPC sections, but here police has done this. Section 67A of IT Act talks about sexually explicit acts. Only the actual... intercourse can be considered porn. Rest all is just vulgar content."
Mr Ponda reportedly told the court, "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."
In addition to this, he reportedly 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 investigation once he was arrested. The arrest wasn't made as per law."
Raj, a businessman and husband of actress Shilpa Shetty, was arrested on July 19 after Mumbai Crime Branch found him to be the key conspirator in an alleged pornography case. Reportedly, the police didn't find any active role of Shilpa in the entire matter.
(Source: NDTV)
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