Mumbai: Bollywood actress Shilpa Shetty's husband and businessman Raj Kundra has been arrested in a pornography case. They are accused of making and publishing porn films. There is no ban on watching pornography in personal space in India, but the pornography law under which Raj Kundra has been arrested makes it a crime to make, show, distribute and publish films in public.
Moreover, the government has banned some sites in the country, and sometimes it can be a crime to download and watch porn movies. In fact, the Information and Technology (IT) Act, 2002 is in force to control online crime in India. There are certain conditions related to under the IT Act where punishment and fine provisions have been made. Under Section 67A of the IT Act, action will be taken if the content is related to rape or physical abuse. Further, the IT Act is strict in the case of child pornography as if any is related to minors, it will take action under Section 67 B of the IT Act.
In addition to the IT Act, the Protection of Children from Sexual Offences Act (POCSO), 2012 was enacted to prevent and provide for punishment for child pornography. POCSO Act makes it a crime to download, watch and share that includes children. At the same time, under the IT Act applicable in India, posting content on a website or digital portal, when a third party can access it, is considered a crime. It has also been considered a crime to broadcast films through social media, email, WhatsApp, messages, send obscene photos or videos to another person.
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