Businessman Raj Kundra's lawyer on Tuesday argued in court that vulgar content could not be classified as porn, reports NDTV. Kundra, the husband of Bollywood actor Shilpa Shetty, has been arrested by Mumbai crime branch in a case of alleged creation and circulation of porn films. Kundra's lawyer, Aabad Ponda, argued that it was incorrect to apply Section 67A of the Information Technology Act in this particular case. He stated that according to the act only intercourse could be considered as porn, while everything else would just be vulgar content.

"Police is following what web series are doing these days - vulgar content. But that's not really classified as porn," Ponda was quoted as saying by NDTV. He said that nothing in the police complaint and remand showed that two people had actually indulged in intercourse. He said that if it was not 'actual intercourse', it was not porn.

Kundra was arrested on Monday night and will be in police custody till July 23. The police said that Kundra appears to be the 'key conspirator' in the case. The case pertains to creation of pornographic content and distribution through mobile applications. After his arrest on Monday, Ponda had opposed the police's plea for remand and said the investigation into the case can be carried out without custodial interrogation. Ponda argued that the police ought to have issued summons to Kundra first and recorded his statement, instead of arresting him directly in the case that was registered in February this year.

Also read: The Poonam Pandey link in Raj Kundra's porn racket case

Kundra has been booked under sections 420 (cheating), 34 (common intention), 292 and 293 (related to obscene and indecent advertisements and displays) of the Indian Penal Code (IPC) besides relevant sections of the IT Act and the Indecent Representation of Women (Prohibition) Act.