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1 - 7 of 7 (0.21 seconds)Article 19 in Constitution of India [Constitution]
Section 1 in The Indian Penal Code, 1860 [Entire Act]
Section 4 in The Indian Penal Code, 1860 [Entire Act]
Sukanta Halder (In Custody) vs The State on 20 July, 1951
(9) It cannot be gainsaid that standards off morality vary from region to region and it is impossible to have one inflexible standard of obscenity for all country. Circumstances always differ and the Court has to take into account all the factors before it comes to the conclusion as to whether or not a publication is an obscene publication. Authorities clearly indicate that while judging the character of a publication, the Court must consider the effect that it would produce on the mind of an average person in whose hand the book is likely to fall. While so judging, neither a man of wide culture or superb character nor a person of depraved mentality only should be taken as a reader of such publication. The standard of readers is neither one of exceptional susceptibility nor one without any susceptibility whatsoever. (See Sukanta Halder v. The State, AIR 1952 Cal 214
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C.T. Prim And Anr. vs The State on 29 April, 1959
We agree with the observations of the learned Judges in C. T. Prim v. State, where they state disagreeing with the observations of Stable J., in (1954) 2 All ER 683 that "it is difficult to subscribe to the theory of eliminating altogether the effect of a publication on the minds of young persons, for they also constitute the public"- we should say a large part of the English reading public in this country.
Emperor vs Vishnu Krishna Puranik on 5 December, 1912
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.
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