STATEMENT OF FACTS

1) In the city of Mumbaka (Saurashtra, Indica) it is a common affair to shoot movies, short
clips, etc. The Mumbaka Police have filed an FIR and arrested eight people for allegedly
forcing aspiring actors to shoot nude scenes for a couple of pornographic films. These
films were streamed on paid websites and mobile applications. Rita Vashishth, a small-
time actor who has featured in several soap operas, is allegedly a prominent player in this
racket.
2) The police raided a bungalow in Heaven Crest in South Mumbaka on February 4, 2017
and arrested five people for allegedly persuading young men and women to shoot nude
scenes under the pretext of offering them roles in web series and short films. Later, they
allegedly forced them to act in pornographic films. Those arrested include
3) 1)Lowa, who claims to be a producer-director; 2) photographer Tony, 3) Creative
Director Nalawade and actors 4) Arish and 5) Bhanu. The police also seized equipment
worth Rs 5.68 lakh used for shooting at the bungalow. Lowa allegedly ran a mobile
application that was used to upload the pornographic videos.
4) The police arrested Rita Vashishth on February 6, 2017 as Lowa revealed her name
during interrogation. She stands accused of transferring the pornographic videos to
Unmesh, who worked for an international firm as a coordinator. The videos were
allegedly uploaded on mobile apps abroad such as Eightshots, Nuefliks and HotHit. The
police have also arrested Unmesh, a resident of Navi Mumbaka, after Rita Vasishth
named him as an acquaintance during questioning. On February 10, the same year, the
police also arrested Tipankar, who is Lowa’s husband. All the accused have been sent to
police custody till February 15, 2017.
5) Shashikant, Senior PI with the Nalwani police station, says the victims were paid between
Rs 5,000-20,000 daily if they did what they were asked to. He said the gang had been
operating for two years and exploited many men and women. Rita Vasishth comes from
Chhattisgarh. A winner of the Miss Asia Modeling contest in January, 2012, she made a
name for herself after playing the lead in the Shine Plus show Behen. Her first TV
appearance was in an advertisement for a popular clothes brand. Subsequently, she
became an anchor with the Chahara One channel. She has also featured in several Hindi
and Telugu films as well as commercials.
6) The Union government has banned over 3,500 porn websites in the country in the past
year. The Supreme Court of Indica made it clear in 2015 that watching porn in private is
not a crime. However, there is ambiguity in the law over filming pornographic content.
7) There are two types of pornographic content-soft core and hard core. While openly
pornographic material considered hard core, nudity or partial nudity in sexual situations is
referred to as soft core pornographic content. The web series on OTT platforms contain
nudity, not pornography. Sections 292, 293, 420, 34 of Indian Penal Code r/w Section 67
(A) of IT Act, 2008, r/w section 2(g) r/w 3,4,6,7 were held up against the Accused.
8) The Accused herein had their bail application granted in the above matter by Hon'ble
Sessions Court. The State has thereby challenged the said bail application in Hon'ble
High Court of Mumbaka.
 ISSUES RAISED

1) Whether the petition filed by the State challenging bail Application is maintainable
before the Hon’ble High Court of Mumbaka?

2) Whether Sessions Court was rightful in granting bail to the Accused?

3) Whether shooting and watching pornography a crime?