Adult Film Racket Exposed the Business Man Raj Kundra
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The British Business Raj Kundra was arrested by the Mumbai Crime Branch on 19th July 2021. His name was involved in the releasing of pornography movies and also he was named as a key conspirator.
Table of Content:
- Introduction
- Role of Raj Kundra in the incident as per the police report
- Charges framed
- The contention of the Parties
- Court’s order
- Previous Cases
Introduction
On Monday 19th July at late night, British Businessman Raj Kundra was arrested by the Mumbai Crime Branch as he was alleged for his involvement in releasing and circulating the pornography content via social media.
The incident has happened on 4th February 2021 when the Mumbai police raided the Madh Village in Malad where some young girls and boys were found to indulge in recording and uploading pornography content. Upon investigation, it was found that these videos were going to be uploaded on a website as well as on a mobile application.
This incident was linked with the women who come to the Mumbai to become an actor and by misleading them that they were approached to act in a web series a contract was made with them and on the day of shooting the script would change and they were forced to act in such movies otherwise as the consequence they had to bear the charges for the preparation of the shooting.
Once the shooting was finally completed, the movie would finally be released on the OTT platform on subscription, and also in the continuation of this the accused advertised such a movie on the various social media platform.
In India, Pornography is illegal, and therefore as a result of this promotion of pornography content on social media or any other platform is also against the law.
Role of Raj Kundra in the incident as per the police report
According to the police official, there were two aspects for the incident one who produce such shows and the one who broadcasts such movies in various countries. And upon investigation, it was found that there is the involvement of a U.K. based Production house and by following the lead the executive officer of the said production house named Umesk Kamat was arrested.
Umsek Kamat upon interrogation reveals the name of the Business Man Raj Kundra and his involvement in such broadcasting. Despite this, one of the witnesses reveals that Raj Kundra and his close acquaintance Saurabh Kushwah opens a media house named Arms Prime Media Private Limited on 5th February 2019 and the Arms media house sold their application to a foreign company named Kenrin Limited for $ 25,000 (Rs 18,66,357). But Raj Kundra resigns from the company in December 2019.
Charges Framed
Businessman Raj Kundra was charged under:
Section 354 C Indian Penal Code, 1860:
This section talks about Voyeurism. It is an act where a man was engaged in shooting, capturing, or sharing any video or photo of a woman who is indulge in any kind of private act without taking her consent. This section prescribes the punishment for such an offender. If a man is an offender for the first time then the man will be punished with imprisonment for one year which can be extended up to three years. If the same offender is arrested for the second time or more than that then he is liable to be punished with three years of imprisonment which can be extended up to seven years.
Section 292 Indian Penal Code, 1860:
This section talks about selling, hiring, distributing, importing or exporting, exhibiting, advertising, or making profit out of any book, paper, pamphlet, paper, drawing, writing, figure, picturization, or any other same kind of things it shall deem to be obscene if it is lascivious or appeals to be prurient interest. The person who is accused under this section is liable to be punished with imprisonment which may extend up to five years and with a fine which may extend up to five thousand rupees.
Section 293 Indian Penal code, 1860:
Under this section, if a person is involved in selling, hiring, advertising, exhibiting, importing or exporting or indulge in any kind of similar act of a book, paper, writing, picture, representation, drawing, etc. to a person who is under twenty years of age shall be liable for the imprisonment up to three years along with fine up to two thousand rupees if he/ she is convicted for the first time and upon subsequent allegation liable to be punished for the imprisonment that may be extended up to seven years with fine which may extend up to five thousand rupees.
Section 34 Indian Penal Code, 1860:
This section talks about the common intention. According to this section when an act is done by several persons who shared a common intention then all of them are liable for the offense in the same manner irrespective of that who has committed it.
Section 420 Indian Penal code, 1860:
According to this section if any person who with a mala fide intention cheats and dishonestly induced any person to deliver any property, or to make or alter or destroy either wholly or partially any valuable security or any such thing which is signed and sealed and can be converted into valuable security shall be liable to be punished with the imprisonment up to seven years along with the fine.
Section 67A of Information Technology Act, 2000:
According to this section if any person is involved in publishing or broadcasting any material which is sexually explicit then in such a situation that person is liable to be punished with imprisonment up to five years and also liable for the fine which may be extended up to ten lakhs rupees.
Section 3 & 4 of the Indecent Representation of Women (Prohibition) Act, 1986
This act prohibits the indecent representation of women through advertisements, picturization, drawing, representation, figure, painting, or any other similar manner and if any person is involved in this then he/ she is liable for punishment under section 6 of the same act.
Section 6 of the act prescribes that if a person violates the provision of sections 3 and 4 then such a person is liable for the punishment for imprisonment up to two years and with a fine for the first conviction and upon subsequent conviction with the imprisonment for six months which may extend up to five years with fine.
The contention of the Parties
Arguments of the Prosecutor
The prosecution contended that Mr. Kundra was allegedly engaged in making explicit profits through his company by producing, selling, and broadcasting such content.
Arguments of Accused
Advocate Aabad Ponda who appears on behalf of the accused Mr. Raj Kundra argues that the detention by the Mumbai Crime Branch was illegal by stating that out of all the charges framed by the Branch officials only two of them are non bailable.
He also argued that no summon was issued to his client Mr. Raj Kundra under section 41 of the Code of Criminal Procedure for the purpose of interrogation before making the arrest.
Again he brings a point in front of the court by arguing that why the police didn’t proceed with the further investigation before the arrest of Mr. Kundra.
Court’s Order
Raj Kundra was produced before the Chief Metropolitan Magistrate at Esplanade after his arrest on 19th July 2021. The police produced him under the provision of the Code of Criminal Procedure to take him in remand. After listening to the contention of both sides the Chief Metropolitan Magistrate of Esplanade passed the order for remanding Mr. Raj Kundra to the police custody till the further date.
Previous Cases
Before the filing of this case, the said businessman was arrested a couple of months ago. In that case, also he was faced allegations related to the creation of pornographic content. FIR in that connection was registered by the Maharashtra Cyber Police in 2020. The FIR stated that the said businessman was engaged in broadcasting and showcasing pornographic content. According to the sources he applied for anticipatory bail under section 438 of the Code of Criminal Procedure but his application for anticipatory bail was still pending before the magistrate court.