𝗖RIMINAL π—ŸAW πŸ†‘οΈ
𝗖RIMINAL π—ŸAW πŸ†‘οΈ

@CriminalLawss

9 Tweets 3 reads Apr 04, 2023
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》Sections 292, 293 & 294 of IPC deal with the offence of obscenity.
》One can find a vague definition of what constitutes obscenity in Section 292, which says that any content shall be deemed to be obscene if it is lascivious...
...or appeals to the prurient interest, or if its effect tends to deprave and corrupt persons likely to read, see or hear the content. This section prohibits the sale or publication of any obscene pamphlet, book, paper, painting, and other such materials.
》Section 293 criminalises the sale or distribution of obscene objects to anyone who is under the age of 20, or an attempt to do so. Although it is a bailable offence, the maximum punishment for the first conviction is three years of imprisonment and a fine up to ...
...Rs 2,000, and for the second conviction seven years with a fine up to Rs 5,000.
》Section 294 prohibits obscene acts and songs in public spaces. The maximum punishment for the person convicted under this charge is three-month jail and a fine.
》With the advent of the digital age, laws were made to criminalise obscene conduct on the internet also.
》Section 67 of the Information Technology Act says that anyone who publishes or transmits obscene material in electronic form can be punished.
》Until 2014, the judiciary used the Hicklin test to determine if something is obscene or not.
》The Hicklin Test was established in English Law after the case of Regina vs Hicklin (1868). According to it, a work can be considered obscene if any portion of it is found ...
...to β€œdeprave and corrupt those whose minds are open to such influences”.
》However, in 2014, the apex court did away with the Hicklin Test while hearing the case of Aveek Sarkar & Anr vs State Of West Bengal and Anr.
》The court held - β€œwhile judging as to whether a particular photograph, an article or book is obscene, regard must be had to the contemporary mores and national standards and not the standard of a group of susceptible or sensitive persons”. It added that the photograph...
...must be "taken as a whole" and seen with the context of what it wants to convey.
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