Raj Kundra pornography case: "If it's not actual intercourse, it's not porn," says lawyer [Full statement]

The nation went into shockwave when Raj Kundra was arrested on accusations of running a pornographic racket. Shilpa Shetty's husband and a celebrity businessman, Kundra, has been sent to police custody till July 23. Raj Kundra has been accused of owning a porn-based app, and later selling it to a person in the UK. The investigating officer has alleged that Kundra was the one calling the shots and maintaining a track of the revenue generation.

If it's not actual intercourse, it's not porn

Along with Raj Kundra, Ryan Tharp has also been arrested. The two were represented by advocate Abad Ponda. "Only the actual 'act of coitus' actual intercourse can be considered porn. Rest all is just vulgar content. Police is following what web series these days show, vulgar content. But that's not really porn. Nothing in this remand shows that two people actually indulged in act of intercourse. If it's not actual intercourse, it's not porn," the lawyer reasoned.

Sections charged

As per reports, Raj Kundra has been booked under Sections 292, 293 (sale of obscene material) under the Indian Penal Code, Sections 67, 67A (transmission of sexually explicit material) under the Information Technology Act and provisions of the Indecent Representation of Women (Prohibition) Act.

"Policy 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 sign the notice of CrPC 41, to join the investigation once he was arrested. The arrest wasn't made as per law. The IT act sections can't be read with IPC sections (citied past precedents). But here police has done this. Section 67 A of IT act talks about sexually explicit acts," lawyer Raj Kundra's lawyer, advocate Abad Ponda argued.