Search Results Page

Search Results

1 - 2 of 2 (0.50 seconds)

Emperor vs Rahimatalli Mahomedalli Mulla on 30 September, 1919

193 and Emperor v. Vishnu Krishna (1893) I. L. R. 18 Bom. 758, 764 it is difficult to say that the pamphlet is obscene. No doubt there are two or three verses which may be treated as obscene in the ordinary acceptation of the word; but applying the test whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, it is not easy to treat the publication as obscene, In each case really it is a question of fact. The question is not of any practical importance in this case as there is no separate sentence for this offence. Taking the general tenor of the pamphlet and considering also the particular parts objected to as being obscene I am not prepared to hold that the pamphlet is obscene. I should say that its leading characteristic is that it is provoking.
Bombay High Court Cites 11 - Cited by 1 - Full Document

Ranjit D. Udeshi And Ors. vs The State on 6 February, 1962

Same view was latter on taken in the case of Queen-Empress v. Parashram Yeshwant, ILR 20 Bom 193: Emperor v. Vishnu Krishna 15 Bom LR 307 and Girdharilal Popatlal Shah v. The State, . It was also observed in the last case that in applying the test, one has also to consider the effect which the book would produce on an ordinary average person, and not on a person with depraved mentality, and that in considering whether a publication is obscene, the class of persons who are likely to read such a publication, must also be taken into consideration. It was further observed in that case that a publication cannot be said to be obscene merely because it deals frankly with sex matters, provided that the language used is not such as to excite sensual feelings or give rise to thoughts of just. Same thing can be expressed in different ways. Though one may recognize that knowledge of sex is essential, the presentation of the subject may be such that it gives rise to lascivious thought in the mind of an average person.
Bombay High Court Cites 7 - Cited by 0 - Full Document
1