Case

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withdrawn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 [email protected]
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 [email protected] 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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AVNISH BAJAJ

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

arrested for distributing cyber pornography.

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

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