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Report No. 109

6.4. Some points considered: whether definition of 'obscene' to be revised.-

To come, now, to the additional points made in some of the comments, there is, in the first place, the suggestion that the definition of "obscene" should be re-framed, so as to provide that matter which is capable of arousing lustful thought, action or sensation should be regarded as obscene. There is also a suggestion that the matter should be treated as obscene which one cannot see in the presence of one's grown up children.

We do not, however, think that the present concept of obscenity as provided in the Penal Code1 needs any substantial change, from the angle mentioned above. No serious problem of substance has arisen from the present concept of obscenity, a concept which has evolved as a result of judicial decisions and takes due note of constitutional requirements. At least, no defect in the direction of the definition being too liberal has been noticed. No doubt, various components of the concept may have to be applied by the judiciary. And the interpretation placed by one judge may differ from another. But this is unavoidable.

1. Section 292, I.P.C.

Obscene and Indecent Advertisements and Displays - Sections 292, 293 of the Indian Penal Code Back

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