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1. These are connected Criminal Revision Cases filed against the convictions and sentences by the learned Third Presidency Magistrate, Saidpet, in C.C. Nos. 3564 and 3682 of 1956, 3685 of 1956 and 3686 of 1956 respectively under Section 292, Indian Penal Code and sentences of fine of Rs. 100 in each case.

2. The facts of these cases have been fully set out in the judgments of the lower Court and need not be recapitulated.

4. The definition of obscenity both in language and in law is vague.

5. The Oed, S.V. ' Obscene' says : ' ad L. obscenus, obscoenus adverse, inauspicious, ill-omened; transf. abominable, disgusting, filthy, indecent : of doubtful etymology' The precise meaning, says Craies, 'is decidedly ambiguous', but ' the test of criminality. . is whether the exhibition or matter tends to deprave'.

26. John D. Mayne in "Criminal Law of India" (Third edition), in his commentary on Section 292, I.P.C. as it stood before it was amended and as it stands now giving effect to the International Convention for the Suppression of the Circulation of and Traffic in , Obscene Publications signed at Geneva on behalf of the Governor-General-in-Council on September 12, 1923, has stated;

The word ' obscene ' is one of considerable ambiguity. In one sense, Hiram Power's statute of Greek Slave, Ruben's picture of the Judgment of Paris, and the works of Matrial or Catullus must be considered as obscene, that is, as capable of exciting sensual feelings. But it could not be endured that a shopkeeper should be prosecuted for selling copies of the works just mentioned. I conceive that the word must be limited to those productions, the primary and palpable result of which is to excite to lust; Wnatever may have been the original object of such writers as Matrial or Catullus in their amatory odes, in the present day they are bought and read as monuments of a classical age. Nor can there be any greater indelicacy than the delicacy of those who profess to find impropriety in some of the noblest works of painting and sculpture that have descended to our times. But, however difficult it may be to draw the line in words, the distinction between the two rases will generally be bold enough .

(c) Evidence, if any, as to the persons to or among whom the said matter was, or was intended, or was likely to be distributed, circulated, sold or offered for sale.
(d) Evidence, if any, that the said matter has had a corrupting effect.

29. It is unnecessary for us to refer to the other clauses. It is high time that Sections 292 and 293 of the Indian Penal Code are amended in terms of "this well thought out" Obscene Publications Bill .

30. The two latest Madras decisions on the subject are : Pandurangan, In re (1955) 1 M.L.J. 145 and Shankar and Co. v. State of Madras (1955) 2 M.L.J. 106.

31. A type-design charge under Section 292, Indian Penal Code is set out at page 1309 of Dr. Nand Lal's Indian Penal Code Vol. I (Krishen Lal and Co., Lahore).

32. Bearing these principles in mind if we examine the matter under question it constitutes obscene matter contemplated under Section 292, Indian Penal Code it is intended to be sold to pruriently minded adolescents all and sundry in order to stir the sex impulses and lead to sexual and impure thoughts. The publication is obscene on every page. It is unrelieved by a single ennobling thought. The general character and the dominant effect of the publication is obscene, impure, indecent, and manifestly tending to the corruption of youth. It has no literary or artistic or medical, legal, political, religious or scientific character or importance. It is plainly intended to be fare for the lewd, lascivious, and filthy minded who may secure it at street corners for a few annas. It does not become less smutty or more sanctified because the information has been copied from similar foreign works. Therefore, the learned Magistrate was perfectly justified in coming to the conclusion-that it constituted obscene matter falling within the mischief of Section 292, Indian Penal Code.