Civil Procedure Code (CPC)

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Factual Background

  • Raj Kundra is a businessman associated with production and distribution on media and investments and is the husband of famous actress, Shilpa Shetty.
  • Raj Kundra was arrested and sent to police custody when police arrived at a bungalow in Madh Island, after receiving a tip on porn movie shoot, which eventually led to his arrest.
  • A case was registered on February 4, 2021 by a woman. The allegation was that she was forced to be a part of a porn film after she was promised for an acting job.
  • There are also reports of him trying to pay bribe to avoid arrest.

Police Findings

  • 48 TB of images and videos were seized from him, which contained adult content mostly.
  • The police found records of transactions from Mr. Kundra’s bank account to the United Bank of Africa and it is suspected that the money being used for online betting.
  • A WhatsApp Group made for the discussion on production, distribution and selling of the pornographic content was found upon investigation, including emails which confirm his involvement.
  • He was also informed of the finances of the app and the chats revealed that he had plans to sell 121 videos at $1.2 million.
  • They found several transactions with company which uploads pornographic content from a foreign IP address.

Provisions Involved

  • Sections 354 (C), 292 and 420 of the Indian Penal Code
  • Sections 67 and 67A of the Information and Technology Act
  • Indecent Representation of Women (Prohibition) Act

Court’s Orders

  • The Chief Metropolitan Magistrate had remanded Mr. Kundra to police custody.
  • He approached the High Court challenging the same and claimed that he was not served a notice u/s 41 of the CrPC.
  • The counsel for Mr. Kundra stated that the content would not fall under Section 67 of the IT Act as it requires the content to be explicitly sexual and nothing showed that the people were actually involved in intercourse which would amount to porn.

What does actress Shilpa Shetty have to say

  • Shilpa Shetty expressed her lack of knowledge on the nature of contents on ‘Hotshots’, via which her husband was accused of streaming pornographic content.
  • She claimed the person involved with the app was not her husband rather his brother-in-law, who is also an accused in the case.
  • She also stressed on the difference between erotica and pornography when she was questioned by the police to investigate on her knowledge to her husband’s link to the pornographic films.

What do the other stars have to say

  • Kangana Ranaut reacted to the arrest by posting on her Instagram stories where she slammed Mr. Kundra. She has made a promise for exposing Bollywood with her upcoming production venture.
  • Mika Singh stated that even though he has not used the app but has seen it and it seems simple. He said that Mr. Kundra is a nice guy and he is hoping that whatever happens let it be good.
  • Gehana Vasisth stated in an interview that she and Mr. Kundra were discussing to make a new app named Bollyfame before he was arrested. She was supposed to direct a film with Shamita Shetty and the app was supposed to contain chat shows, interviews and films but not bold scenes. She also stated that porn and erotica should not be mixed and that the police and the Courts will decide who the real culprits are. Since she has also been released on bail, she did not want to impair her right or create prejudice.
  • Shruti Gera was approached by Kundra’s production house which she had denied. She said she had been approached by a casting director, who had mentioned introducing her to Raj Kundra.
  • Allegations against Mr. Kundra
  • Poonam Pandey claimed him to have released her number and pictures with the caption that she’d strip for them when she denied to resign the contract. The initial contract got expired and even after that her videos were used to create publicity. She received numerous derogatory calls as a result of that. She also requested other girls to come out and raise their voice if they had to face such things.
  • Sagarika Shona Suman claimed to have received a call from Umesh Kamat (co-accused) offering a web series produced by Mr. Kundra, where she was asked to give a nude audition which she refused.
  • Puneet Kaur alleged that she had received a text from Mr. Kundra about the app which she thought to be a hacking case.
  • Sherlyn Chopra confessed that Mr. Kundra had pushed her to the adult industry and she received 30 lakhs for every project.

What is your opinion on this case? Do you think that the charges are right? Tell us in the comments section below!

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