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Showing contexts for: Prurient in Sopan S/O Vithal Shinde vs The State Of Maharashtra on 27 February, 2008Matching Fragments
7. The essence of Section 292 of the I.P. Code is to be understood in the context of the intention of the Legislature. The legal provision does not cover each and every act which can be termed as "immoral" or "vulgar" or "offending to the sense of decency". The obscenity has to be in the context of Sub-clause (1) of Section 292 of the I.P. Code. A plain reading of Sub-clause (1) of Section 292 of the I.P. Code would make it manifest that a writing will have to be termed as "obscene" if it is lascivious or appeals to the prurient interest or if its effect is such that taken as a whole, it tends to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. The obscenity does not lie in letters of the words. The writing, for the purpose of branding it as "obscene" must have tendency to deprave and corrupt persons who are likely to read the same. In the present case, it is but natural to ask oneself as to who was the reader of the letter ?