Actress Poonam Pandey was detained by Goa Police on November 5, 2020 for trespassing into the government property and for shooting "obscene" video in the costal State.
Two police personnel were also suspended after allegation made by several residents of Canacona town in South Goa district that the two police personnel misuse the government permit and allowed them for the shoot. Poonam Pandey was staying at a five star hotel at Sinquerim in North Goa; an official said that she was detained by a Calangute police team on November 5,2020 afternoon and sent to the Canacona police. She was detained for questioning.
The Case was registered against Poonam Pandey on November 4, 2020 for obscenity during the shoot at the Chapoli dam in Canacona town. The complaint was made by the State Water Resource Department which manages the dam. Section 292 and Section 293 of India Penal Code, 1860
makes sale, letting to hire, distribution, and public exhibition of obscene books etc.an offence. Section 292(1) of India Penal Code ,1860 attempts to explain the meaning of 'obscenity' for the purpose of sub-section (2) a book , a pamphlet , paper , writing , drawing , painting representation , figure or any other object shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or tends to deprave and corrupt persons by reading ,seeing or hear the matter contained or embodied in it . Section 292(2) of India Penal Code, 1860 penalises sale etc. of obscene material on first conviction with imprisonment for a term which may extend to 2 years and with fine which extend to two thousand rupees. On November 5, 2020 the residents of Canacona create hue and cry in the city calling for a shutdown in the city as they demand action against those police officer who are allegedly providing protection to the actress and the crew member for the shoot. The Superintendent of Police has place two policeman one is inspector Tukaram Chavan and a police constable under suspension after inquiry by the State Home Department. The Supreme Court has held in Avinish Bajaj v. State (NCT of Delhi) [( 2005) 116 DLT 427]
that while the Indian Penal Code,1860 make the sale of obscene material through traditional print an offence , once that offence has a nexus with an electronic records under Information Technology Act, 2000 and no charge is made under the relevant provisions under Information Technology Act, 2000 , the accused cannot be processed against under similar provision of the Indian Penal Code, 1860.