Citation: (2008) 105 DRJ 721; (2008) 150 DLT 769
Court: Delhi High Court (later appealed to Supreme Court, 2012)
Bench: Justice S. Muralidhar
Appellant: Avnish Bajaj (Managing Director, Baazee.com)
Respondent: State (NCT of Delhi)
Relevant Statutes:
- Indian Penal Code, 1860 – Sections 292 & 294
- Information Technology Act, 2000 – Sections 67 & 85
- Negotiable Instruments Act, 1881 – Section 141 (later referred to by SC, 2012)
Background of the Case
- In November 2004, Ravi Raj, an IIT Kharagpur student, uploaded a listing on Bazee.com (an e-commerce platform, now eBay India) under the username Alice-elec for an obscene video clip titled “Item 27877408 –
DPS Girls having fun!!! full video + Baazee points.” and description/listing read as –
“DPS Girls having fun!!! Do you want to see that video clip which has rocked the whole DELHI and now has become a hot point of discussion in the entire Nation? YES, Then what are you waiting for!!!! Just order for this product and it will be delivered to you within few hours. This video is of a girl of DPS RK PURAM which has been filmed by his boyfriend in very sexual explicit conditions. Please note: This video clip of around 2:30 Minutes and will be send to you as an email attachment.”
- The clip was advertised for 125 under the e-books category to bypass filters, Rs. 3 as commission went to the website, making it a total of Rs. 128 per video purchase.
- The clip was sold to certain buyers before it was taken down two days later upon complaint.
- The Delhi Police Crime Branch initiated investigations and filed an
- The charge sheet named Ravi Raj (seller), Avnish Bajaj (MD, Baazee.com), and Sharat Digumarti (Trust & Safety Head) as
- Ravi Raj Avnish Bajaj was charged under Section 67 IT Act (publication of obscene material online) and Sections 292/294 IPC (obscenity provisions).