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8. In Bobby Art International v. Om Pal Singh Hoon reported in (1996) 4 SCC 1, the Apex Court dealt with a case to consider whether the movie, "Bandit Queen", which is based on the story of Phoolan Devi contains obscene scenes. The Apex Court  Crl.M.C.6748/14 - : 14 :-

noted in paras 27 to 29 and 33 thereof that in the first scene in the movie in question there were graphic visualizations of Phoolan Devi, humiliated, stripped, naked, paraded and made to draw water from the well, within the circle of a hundred men, that the exposure of her breasts and genitalia to those men is intended by those, who stripped her to demean her. It is thus observed that the effect of so doing upon her could hardly have been better conveyed than by explicitly showing the scene and that nakedness does not always arouse the baser instinct and that the movie "Bandit Queen" tells a powerful human story and to that story the scene of enforced naked parade is central and that it helps to explain why she became what she did: her rage and vendetta against the society that had heaped indignities upon her. As regards the second scene, the rape scene was held to explain why she became what she did. That rape is crude and its crudity is what the rapist's bouncing bare posterior is meant to illustrate and that it was held that rape and sex are not being glorified in the film and quite the contrary, the movie showed what a terrible, and terrifying, effect rape and lust can have upon the victim. That the film focused on the trauma and emotional turmoil of the victim to evoke sympathy for her and disgust for the  Crl.M.C.6748/14 - : 15 :-

rapist. It was held that the scenes of nudity and rape and the use of expletives, were in aid of the theme and intended not to arouse prurient or lascivious thoughts but revulsion against the perpetrators and pity for the victims. The Apex Court in para 27 of the ruling in Bobby Art International 's case held as follows:

naked,"27. First, the scene where she is humiliated, stripped paraded, made to draw water from the well, within the circle of a hundred men. The exposure of her breasts and genitalia to those men is intended by those who strip her to demean her. The effect of so doing upon her could hardly have been better conveyed than by explicitly showing the scene. The object of doing so was not to titillate the cinemagoer's lust but to arouse in him sympathy for the victim and disgust for the perpetrators. The revulsion that the Tribunal referred to was not at Phoolan Devi's nudity but at the sadism and heartlessness of those who had stripped her naked to rob her of every shred of dignity. Nakedness does not always arouse the baser instinct. The reference by the Tribunal to the film "Schindler's List" was apt. There is a scene in it of rows of naked men and women, shown frontally, being led into the gas chambers of a Nazi concentration camp. Not only are they about to die but they have been stripped in their last moments of the basic dignity of human beings. Tears are a likely reaction; pity, horror and a fellow- feeling of shame are certain, except in the pervert who might be aroused. We do not censor to protect the pervert or to assuage the susceptibilities of the over-sensitive. "Bandit Queen" tells a powerful human story and to that story the scene of Phoolan Devi's enforced naked parade is central. It helps to explain why Phoolan Devi became what she did: her rage and vendetta against the society that had heaped indignities upon her."

(i) if it is lascivious;

(ii) it appeals to the prurient interest; and

(iii) it tends to deprave and corrupt persons who are likely to read, see or hear the matter, alleged to be obscene.

Once the matter is found to be obscene, the question may arise as to whether the impugned matter falls within any of the exceptions contained in the section. A picture of a nude/semi-nude woman, as such, cannot per se be called obscene unless it has the tendency to arouse the feeling of 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. Message and context context24. which the photograph appears and the message it wants to We have to examine the question of obscenity in the in convey. In Bobby Art International v. Om Pal Singh Hoon [(1996) 4 SCC 1], this Court while dealing with the question of obscenity in the context of film called Bandit Queen pointed out that the so-called objectionable scenes in the film have to be considered in the context of the message that the film was seeking to transmit in respect of social menace of torture and violence against a helpless female child which transformed her into a dreaded dacoit. The Court expressed the following view: (SCC p. 15, para 27) "27. First, the scene where she is humiliated, stripped naked, paraded, made to draw water from the well, within the circle of a hundred men. The exposure of her breasts and genitalia to those men is intended by those who strip her to demean her. The effect of so doing upon her could hardly have been better conveyed than by explicitly showing the scene. The  Crl.M.C.6748/14 - : 21 :-

object of doing so was not to titillate the cinemagoer's lust but to arouse in him sympathy for the victim and disgust for the perpetrators. The revulsion that the Tribunal referred to was not at Phoolan Devi's nudity but at the sadism and heartlessness of those who had stripped her naked to rob her of every shred of dignity. Nakedness does not always arouse the baser instinct. The reference by the Tribunal to the film `Schindler's List' was apt. There is a scene in it of rows of naked men and women, shown frontally, being led into the gas chambers of a Nazi concentration camp. Not only are they about to die but they have been stripped in their last moments of the basic dignity of human beings. Tears are a likely reaction; pity, horror and a fellow- feeling of shame are certain, except in the pervert who might be aroused. We do not censor to protect the pervert or to assuage the susceptibilities of the over-sensitive. `Bandit Queen' tells a powerful human story and to that story the scene of Phoolan Devi's enforced naked parade is central. It helps to explain why Phoolan Devi became what she did: her rage and vendetta against the society that had heaped indignities upon her."