ED Raids Shilpa Shetty-Raj Kundra’s Home: Pornography Case Search Across 15 Locations

The Enforcement Directorate (ED) has conducted raids on the homes and offices of actress Shilpa Shetty’s husband, Raj Kundra, and other individuals involved in the pornography network case. The raids were carried out after ED registered the case, with investigations targeting nearly 15 locations in Mumbai and Uttar Pradesh. These searches relate to the alleged distribution of obscene content through mobile applications and other platforms.

What is the Case About?

Raj Kundra was arrested in June 2021 for allegedly producing ‘obscene’ films. A case was filed in February 2021, accusing him of creating pornographic content and distributing it via an app. Raj was the prime accused and was presented in court on July 20. After spending two months in jail, he was released on bail in September 2021.

Raj Invested ₹10 Crore in the Porn Industry

According to the Mumbai Crime Branch, Raj Kundra was accused in February 2021 of investing ₹8–10 crore in the porn film industry. Raj and his brother, based in the UK, had established a company named Kenrin. Videos shot in India were sent to Kenrin via the file transfer service WeTransfer. Raj registered the company abroad to evade Indian cyber laws.

How Did Police Trace Raj Kundra?

In February 2021, police raided Mud Island, exposing a pornography racket. TV actress Gehana Vasisth’s name surfaced during the investigation. The police learned about Umesh Kamat, an employee of Raj Kundra’s company, Vihaan Enterprises, through Gehana.

Umesh transferred videos from Raj’s office to Pradeep Bakshi, Raj’s brother-in-law in London, via a sharing application. Pradeep uploaded the videos to Kenrin’s app. The charge sheet revealed Umesh’s mobile had accounts linked to the ‘HotShots’ app and WhatsApp groups managed by Raj. Payments related to app content, chats, and earnings were traced back to Raj, who was identified as the mastermind, uploading obscene videos through Pradeep Bakshi and earning money in return.

Sherlyn Chopra and Poonam Pandey Were Also Accused

In July 2021, Raj Kundra and others were arrested under these charges:

• IPC Sections 292, 296: Creating and selling obscene content
• Section 420: Cheating and breach of trust
• IT Act Sections 67, 67(A): Posting and transmitting obscene material electronically
• Sections of the Indecent Representation of Women (Prohibition) Act: Creating, selling, and distributing obscene content related to women

Is Watching Pornography Illegal in India?

No, watching pornography in private is not illegal in India. In July 2015, the Supreme Court stated it cannot prevent adults from watching porn in private spaces as it pertains to individual freedom. However, child pornography and sharing such content are prohibited under the IT Act.

Does Indian Law Differentiate Between Pornography and Erotic Content?

No, Indian law does not distinguish between the two. Globally, there’s no clear legal definition either. Content categorized as erotic elsewhere is often considered obscene in India. The Information Technology Act, 2000, the Indian Penal Code (IPC), and the Protection of Children from Sexual Offences (POCSO) Act, 2012, govern penalties for such offenses.

Delhi-based senior advocate Vikas Pahwa mentioned that the Indian Penal Code does not define pornography. Charges against Kundra primarily fall under IT Act Sections 67 and 67A. If the court deems the content as pornographic, Kundra could face 5–7 years in jail.

What Does Indian Law Say About Obscene Content?

• IPC Section 292: Profiting from obscene material is punishable.
• IPC Section 293: Selling or showing obscene content to individuals under 20 is illegal.
• Indecent Representation of Women Act, 1986: Bans content portraying women indecently. Proposals to amend this law since 2012 aim to include internet and satellite-based transmissions.
• IT Act Section 67: Prohibits publishing and transmitting obscene content electronically, with violators facing up to 3 years in jail and a ₹5 lakh fine.
• IT Act Section 67A: Applies to sexually explicit content, with harsher penalties of up to 7 years imprisonment and ₹10 lakh fines.