INTRODUCTION

The Oxford Dictionary defines obscenity as “offensive to modesty or decency expressing or suggesting
unchaste and lustful ideas; impose, incident, lewd.” It generally refers to lewdness, indecency calculated
to shock the moral sense of man by disregard of chastity or modesty.

SECTION 292

Sections 292, 292A and 293 of the Code have been enacted for protecting and safeguarding the public
morals by making sale, etc.. of obscene literature and publications in general, and to young persons in
particular, a cognizable offence.

Clause (1) to section 292 states that the publication of a book, pamphlet, paper, writing, drawing,
painting, representation, figure, etc., will be deemed obscene,

(i) It is lascivious (expressing or causing sexual desire); or

Clause (2) to section 292 holds a person liable to punishment if he (a) Sells, lets to hire, distributes,
publicly exhibits or puts into circulation, etc.; or

(b) Imports or exports or conveys any obscene objects for any of the purposes aforesaid;

(c) Takes part in or receives profits from business in the course of which he knows or has reason to
believe that any such obscene objects were made for any of the aforesaid purposes;

(d) Advertises or makes known by any means whatsoever that any person is engaged in, or is ready to be
engaged in any act which is an offence under this section;

(e) Offers or attempts to do any act which is an offence under this section.

Obscenity- meaning- to deprave and corrupt public moral: Test- Judiciary has attempted to explain the
word obscenity by laying down tests to indicate which act and under what particular context would
come within the arena of obscenity.

In R v. Hicklin, court held that The test of obscenity is this, whether the tendency of the matter charged
as obscenity is to deprave and corrupt those whose minds are open to such immoral influence and into
whose hands a publication of this sort may fall.

Bandit Queen: A film that carries the message of social evil as evil is not indecent and obscene: In Bobby
Art International v Om Pal Singh Hoon, the Apex Court while allowing the appeal against the judgment
of the Delhi High Court banning the 'Bandit Queen' on the ground of its being indecent' for public
exhibition, held that a film that carries the message that social evil is evil and it cannot be made
impermissible and banned for public exhibition on the ground that it depicts the social evil. The scene of
nudity and rape and the use of expletives (vulgar words) were in aid of the theme and intended not to
arouse prurient (excessive interest in sex) or lascivious (sexual) thought but revulsion against the
perpetrators (guilty) and pity for the victim

COMMUNITY STANDARD TEST- Aveek Sarkar v State of West Bengal- A picture of a nude/semi nude
woman, as such can't per se be called obscene unless it has the tendency to arouse feeling or revealing
an overt sexual desire. The picture should be suggestive of deprave mind and designed to excite sexual
passion in persons who are likely to see it, which will depend on the particular posture and the
background in which the nude/semi-nude woman is depicted. Only those sex-related materials which
have a tendency of "exciting lustful thoughts" can be held to be obscene, but the obscenity has to be
judged from the point of view of an average person, by applying contemporary community standards."

Punishment- On first conviction with imprisonment of either description for a term which may extend to
two years, and with fine which may extend to two thousand rupees, and, in the event of a second or
subsequent conviction, with imprisonment of either description for a term which may extend to five
years, and also with fine which may extend to five thousand rupees

Exception: This section does not extend to— (a) any book, pamphlet, paper, writing, drawing, painting,
representation or figure— (i) the publication of which is proved to be justified as being for the public
good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or
figure is in the interest of science, literature, art or learning or other objects of general concern, or (ii)
which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved,
painted or otherwise represented on or in— (i) any ancient monument within the meaning of the
Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or
on any car used for the conveyance of idols, or kept or used for any religious purpose.

SECTION 293

This section provides that anyone who sells, distributes, circulates etc. to any person who is under the
age of 21 years any obscene object as is referred to in S. 292 shall be punished on first conviction with
imprisonment and fine which may extend up to 3 years & Rs. 2000 and on subsequent conviction
up to 7 years and Rs. 5000 respectively.

SECTION 294

Ingredients

(1) The accused- (a) did some act; (b) sang, recited or uttered any song or ballad;

(2) That such act, singing etc. was obscene; Obscene act.-Indecent exposure of one's person or sexual
intercourse in a public place will be punished under this section.

(3) That it was done in a public place; Public Place- Obscene act must have been done in a public place.
(4) It caused annoyance to others. Annoyance- For an act to be punished under this section, it must
cause annoyance either to a particular person or persons in general.

In K.P. Mohammad v. State of Kerala, an important question relating to obscenity was raised. The
question was whether the cabaret dance is covered by the expression "obscene" and if it is so, can its
exhibition in hotels and restaurants be stopped? The High Court of Kerala while throwing light on the
history of cabaret dance observed that if exhibition of cabaret dance in public places such as hotels,
restaurants, is in accordance with the standards of our country then its exhibition may be permitted and
no restriction can be imposed on it.

Punishment- Imprisonment of either description for a term which may extend to three months, or with
fine, or with both.

CONCLUSION

In deciding as to whether a matter charged as obscene what should be scene is the effect of the words
must be judged from the standards of reasonable, strong-minded, firm and courageous men and not
those of weak and vacillating minds.