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Showing contexts for: Prurient in Apoorva Arora & Anr. vs State & Anr. on 6 March, 2023Matching Fragments
"...In the light of above cited observations made by Hon'ble Supreme Court of India and in the light of my foregoing discussion I am of the considered opinion that the vulgar language incorporated in the web series titled as College Romance is prima facie capable of appealing to the prurient interests of the audiences and circulation of such obscene material on various internet portals, prima facie discloses the commission of cognizable offences punishable u/s 292 / 294 and 67 / 67A IT Act. Specialized investigation by a competent agency such as police is required in the present matter to curb circulation of such obscene material amongst members of general public as well as for collection of evidence and apprehension of the culprits. Accordingly, this court deems it appropriate to direct the SHO PS Mukharjee NEUTRAL CITATION NO. 2023/DHC/001676 Nagar be directed to register and FIR and to conduct / get conducted investigation into the allegation of the complainant. It is needless to say that the direction to register an FIR, it does not necessary imply that the allegation of the complainant are true and correct, rather the allegations of the complainant have to pass the litmus test of investigation before ascertaining the veracity of the allegations made in the complaint. It is hereby made clear that SHO concerned is not bound to register the case in accordance with the Sections (Penal Provisions) enumerated by the complainant, rather he must exercise the judicious discretion in invoking the relevant sections of the IPC and other penal statues in accordance of the facts set out in the complainant. It is a trite law, however, still at the cost of repetition, it is hereby clarified that the direction to register an FIR in the present matter does not include a direction to arrest the accused. With these observations, the application under section 156(3) Cr.P.C stands allowed..."
11. Aggrieved by the said order, petitioners filed a revision petition before learned ASJ, and vide order dated 10.11.2020, learned ASJ was pleased to pass an order whereby the order of the learned ACMM was modified and it was held as under:
"...8. The present revision petitions have been filed against the impugned order dated 17/09/2019, whereby the application u/s 156(3) Cr.P.C., filed by the original complainant (respondent no.2 herein), was allowed, while observing that the vulgar language incorporated in the webseries titled as "College Romance" is prima facie capable of appealing to the prurient interests of the audiences and circulation of such obscene material on various internet portals, prima facie discloses the commission of cognizable offences punishable u/s 292/294 & 67/67 IT Act and SHO PS Mukherjee Nagar was directed to register an FIR and to conduct/get conducted investigation into the allegation of the complainant (respondent no.2 herein). This Court has gone NEUTRAL CITATION NO. 2023/DHC/001676 through the contents of the alleged webseries namely "College Romance", particularly Episode no. 5 of series 01. It is admitted fact of all the parties that there are various obscene language throughout the episode and the same is not in denial, but merely abusive language may not amount to obscenity as per judgments relied upon by the parties. At present, the role of the Court, while dealing with the revision petitions, is confined to the correctness, illegality and impropriety of the impugned order..."
I. Legal Framework
19. This Court after going through the content of the case file, is of the opinion that the content of the web series in the present case will have to be judged in the context of Section 67 and 67A of IT Act, which are reproduced as under:
"67. Punishment for publishing or transmitting obscene material in electronic form. -Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter NEUTRAL CITATION NO. 2023/DHC/001676 contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of 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 ten lakh rupees..."
20. At the outset, a perusal of the order of both the Courts below reveal that the orders have been passed primarily on the findings that after going through the web series, particularly Episode 05 of Season 01, it was observed that all the petitioners herein have used obscene words throughout the episode and since the obscenity pertaining to electronic media can be dealt with only under Section 67 of IT Act, the learned ASJ has held that the FIR be registered under Section 67A of the IT Act, and not under Sections 292 and 294 of IPC as also observed by learned ACMM. The conclusion reached by the learned ASJ that offence under Section 67A of IT Act is made out in the present case, as borne out from the order, is on the premise that the petitioners have indulged in publishing, transmitting material which NEUTRAL CITATION NO. 2023/DHC/001676 was lascivious and appealing to the prurient interest and its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear.