Taking a narrow view as to what acts could constitute an obscenity would be a retrograde act. Surely the provisions of Section 294 of IPC would not apply to all the situations and thus, the Court cannot countenance a situation where acts such as the ones referred to in the FIR would be judged by a Police Officer, who in his personal opinion considers them to be obscene acts to cause annoyance to any member of the public.
State has a strong interest in protecting children from obscene content in the school setting. However, READER (HB900) misses the mark on obscenity with a web of unconstitutionally vague requirements.
EBC brings Saurabh Bindal’s book on “OBSCENITY: Prevention, Law & Practice
The Delhi High Court upheld the order of ASJ to register an FIR under the provision of the Information Technology Act, 2000 against the petitioner, however, clarified that the same does not include the direction to arrest any of the accused or petitioner.
If the act is not obscene, or is not done in any public place, or the song recited or uttered is not in or near any public place or that it caused no annoyance to others, no offence under Section 294(b) of IPC is committed.
Kerala High Court: Mohammed Nias C.P., J., quashed the proceedings against the petitioner for obstructing a police officer from performing his duty.
Madras High Court: The Division Bench of N. Kirubakaran and B. Pugalendhi, JJ., while addressing the instant matter ordered an Interim direction directing
Kerala High Court: P. V. Kunhikrishnan, J., addressed a matter wherein a mother uploaded a video on social media wherein she was getting
Kerala High Court: In its well-wrought judgment, the Division Bench comprising of Antony Dominic, C.J. and Dama Seshadri Naidu, J. observed that “shocking
Madras High Court: While deliberating over the conflict between freedom of expression of a writer and offending moral and religious sentiments of
Bombay High Court: While allowing the criminal revision application filed by well known actress Mallika Sherawat, A.B. Chaudhari, J. established the rule