Businessman Raj Kundra, the husband of Bollywood actor and fitness enthusiast Shilpa Shetty, was arrested by the Mumbai Police late on Monday in connection with a porn racket. The police said Raj Kundra appeared to be the "key conspirator" in the pornography case and that incriminating evidence including porn clips and emails were found in his office during the search.
The multi-millionaire has been charged under IPC Sections 420 (cheating), 34 (common intention), 292, and 293 (related to obscene and indecent advertisements and displays), and several sections of the IT Act and the Indecent Representation of Women (Prohibition) Act.
Explained: What are these Sections and what is the maximum sentence if convicted.
Section 34 of the IPC provides that when a criminal act is done by several persons in furtherance of the common intention of all, each such person is liable for that act as if it was done by him alone.
Section 292 deals with the selling, hiring, distribution, public exhibition of obscene (i.e. lascivious or appealing to the prurient interest or tending to deprave or corrupt the person) book, pamphlet, paper, writing, drawing, painting, representation, figure; exporting importing or conveying any obscene object; taking part or receiving profits from any such business; advertising or making known that any person is engaged or ready to engage in any act which is an offence under this section or that any obscene object can be procured from or through any person; offering or attempting to do an act which is an offence under this section.
For the first conviction is imprisonment up to 2 years and a fine of up to Rs.2,000.
For second or subsequent convictions, the punishment is imprisonment up to 5 years and a fine of up to Rs.5,000.
[Exceptions are:- ( which s not the case here) publication justified for the public good or in the interest of science, literature, art, learning, objects of general concern; kept or used bona fide for religious purposes; in any ancient monument or in any temple or on any car used for the conveyance of idols, or for religious purpose.]
Section 293 provides for punishment for selling, hiring, distributing, exhibiting or circulating any of the above obscene objects to a person under 20 years.
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For the first conviction is imprisonment up to 3 years and a fine of up to Rs.2,000.
For second or subsequent convictions, the punishment is imprisonment up to 7 years and a fine of up to Rs.5,000.
Section 420 is cheating and dishonestly inducing delivery of property, or making altering destroying valuable security or anything which is signed or sealed, and capable of being converted into a valuable security.
Imprisonment up to 7 years and fine.
(Advocate Bobby Aanand is the founder of Metropolitan Jury, a premier law firm based in Delhi. She is also the general secretary of Nirmal Sahara, an NGO that provides free legal aid.)