Raj Kundra is caught in the case of pornography, if there are provisions of punishment in this law in India, then it remains to be seen how strong it proves to be.
Raj Kundra, the husband of India's famous businessman and actress Shilpa Shetty, has been arrested in the case of pornography. The police claim that they have enough evidence against Kundra. He has been arrested for making and publishing obscene films. It is being told that Raj had set up his office in Dubai and separated himself from this company at the end of last year, but he still got caught by the crime branch. Let us know what is the pornography law in India and what are the provisions of its punishment.
What is the law for
The Cyber Pornography Act under which Raj Kundra has been charged is a law that deals with creating, showing, distributing, importing, or publishing obscene material using or through cyberspace. With the advent of cyberspace, traditional pornographic content has largely been transformed into online or digital pornographic content.
The provision of the 2000 law,
cyber pornography is banned in many countries and is also legal in many countries. Under India's Information Technology Act 2000, this is that dark part of the law where it is neither prohibited nor legal. Under section 67 of the same law, many acts are in the category of punishable offense which provides for three years imprisonment and a fine up to Rs 5 lakh.
Publishing or broadcasting
under this Act, uploading material on a website, WhatsApp group, or any other digital portal where third parties may view such content. Its transmission includes sending obscene images, videos, or photographs to any person via email, messaging WhatsApp, or any type of digital media.
Cause in publication or broadcast
Not only this, if any person causes in such publication or publication, he will also be liable to penal action according to this law. In this, the operators of those portals will also come under the purview of this law, through which pornographic material has been published or broadcast. Under the Intermediary Guidelines of the Information Technology Act, it is the responsibility of the Intermediary/Service Provider to ensure that their portal is not misused for these purposes.
There are loopholes in
the law but there are some other aspects of this law that need to be looked into. The provisions of this law regarding pornography in India clearly show that cyber pornography is not illegal in India. Merely downloading and viewing them is not classified as a crime.
Of course, publishing pornographic material online is illegal and punishable by law. But the weakness of this law is that storing cyber pornographic content is not a crime.