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    AdvSanjay Tyagi
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    Case

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    AdvSanjay Tyagi
    50 views6 pages
    Case law

    Original Title

    baazee.com case

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    Case law

    Copyright:

    © All Rights Reserved
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    Download as pdf or txt
    50 views6 pages

    Case

    Uploaded by

    AdvSanjay Tyagi
    Case law

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    AVNISH BAJAJ

    BAAZEE.COM
    FACTS

    Avnish Bajaj, CE0 of Baazee.com, an online auction website, was

    arrested for distributing cyber pornography.


    two children
    A video clip was offered for sale, shot on a mobile phone of
    The managing
    of a school in delhi indulging in an explicitly sexual act.
    He
    director was prosecuted under sec 292 and sec 67 of the IT Act.
    contended that bazee.com is only a service provider and provides a
    withdrawn
    platform and when it has come to his notice it was
    immediately.
    Baazee.com India Private Limited (BIPL), a wholly owned subsidiary
    of Ebay Inc. USA, and the owner of the website
    http://www.baazee.com, was during the relevant period in the process
    India Private
    of being acquired by and consequently renamed as Ebay
    office
    Limited (EIPL). BIPL had its main office at Mumbai and another
    Avnish
    in Delhi. During November to December 2004 the petitioner
    Bajaj was the MD of BIPL (which later was renamed as EIPL).
    The website baazee.com provided an online platform or marke
    I have read the User agreement carefully -I am above 18 years of
    age. I have read and agreed to abide by thebaazee.comuser
    agreement...." The next stage in the registering process was reached
    |afterthe person clicked on "Accept Terms & Submit". Thereafter an
    email was sent to the person by baazee.com in which a link was
    provided for activating the account. A person who registered
    following the above online procedure could either sell orbuy
    products on the electronic market fthat baazee.com offered by using
    the baazee.com ID and password where a seller and a buyer could
    |interact.
    CONTD.,

    Ravi Raj, a fourth year student of the Indian Institute of


    Technology (IIT) Kharagpur, was registered as a seller with
    baazee.com since 21st July 2004. He had already been using the site
    for listing products for sale. His email ID was psell@sify.com
    In the evening of Saturday 27th November 2004, Ravi Raj placed
    on the baazee.com website a listing offering an MMS video clip forI
    sale at Rs. 125 per piece.
    He adopted the seller's name as Alice Electronics and gave his
    address as 12-A/39, Roshpa Tower, Main Road, Malanche,
    + Kharagpur. In order to avoid detection by the filters installed by
    baazee.com, Ravi Raj included the clip under the category Books
    and Magazines and sub-category 'e-books'.
    (Filters) Although baazee.com did have a filter for some of the
    words which appear on the website, the listing nevertheless took
    place. For instance, the word "sex" at Seriall No. 23 of the list and
    word "sexual" at Seriall No. 70 of the list were definitely part of the
    suspected words.
    the item description on its site: "Item 27877408 DPS Girls
    having fun!!! full video + Baazee points."
    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
    I 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.
    At around 8.20 pm on Saturday 27th November 2004 information was
    received on email from Amit Vohra using emailed threadsincp@sify.com for
    Community Watch. The mail titled "fraud report about item ID 27877408"
    read as under:
    User's Message:
    The username of the party is alice-elec. This person is trying to sell a video
    which is illegal in India as itwas shot ontwo people who are below the
    legal age of 18 & pornography is illegal in India. You need to sort this issue
    &you should even report if to the legal authorities as this can get your site
    in trouble.
    This email was assigned to Namrata of BIPL at around 8.25pm on 27th
    November 2004 itself. At around 6:25pm on the next date i.e. 28th
    November 2004,which happenedto be a Sunday, it was assigned to Swapna
    Sawant of the BIPL and the priority was shifted to the "high alert' category.
    The video clip was removed on 29th November 2004 Monday at around
    10:38 am. Meanwhile eight persons with distinct IDs located in different
    parts of the country including Calcutta, Nellore, Pune, Delhi, Banglore and
    Chennai had purchased it.

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