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A. S. BOPANNA, PAMIDIGHANTAM SRI NARASIMHA
Apoorva Arora – Appellant
Versus
State (Govt. Of NCT Of Delhi) – Respondent
Headnote: Read headnote
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Leave granted.
2. The appellants/accused are the actors, casting director, script writers, creator of the web-series ‘College Romance’1[TVF Media Labs Private Ltd.], and the media company that owns the YouTube channel on which the web-series was hosted2[Contagious Online Media Network Pvt Ltd.]. They are sought to be investigated and prosecuted for production, transmission, and online publication of obscene and sexually-explicit material under Sections 67 and 67A of the Information Technology Act, 2000, 3[‘IT Act’ hereinafter.]. The appellants’ petition under Section 482 of the Code of Criminal Procedure, 19734[‘CrPC’ hereinafter.] for quashing the orders of the Additional Chief Metropolitan Magistrate and Additional Sessions Judge directing registration of FIR against them was dismissed by the High Court by the order impugned before us. 5[In Criminal Miscellaneous Case No. 2399 of 2020, Criminal Miscellaneous Case No. 2215 of 2020 and Criminal Miscellaneous Case No. 2214 of 2020, judgment dated 06.
(1) Vulgarity and profanities do not per se amount to obscenity.
(2) All sex-oriented material and nudity per se are not always obscene – Obscenity must be judged with regard to contemporary mores....
Publications containing obscene elements intended to arouse sexual desire compromise public decency, thus failing the test of obscenity under Section 292 of the IPC.
Abusive language does not constitute obscenity under IPC unless it arouses lascivious thoughts; allegations did not support charges under Sections 294(b) or 509 IPC.
To constitute an offense under Section 294(b) of the IPC, the words or acts must be obscene and cause annoyance to others; mere abusive language does not suffice to meet the threshold of obscenity.
Obscenity – In order to satisfy definition of obscenity to attract Section 294(b) of IPC, words uttered must be capable of arousing sexually impure thoughts in minds of its hearers – Quashment of cri....
Essential ingredients for offences under Sections 294(b) and 509 IPC were not demonstrated, leading to quashing of proceedings.
Publication must depict actual sexual acts to invoke Section 67A of the IT Act.
Intent to humiliate must be established for offences under the Atrocities Act; mere airing of content without direct involvement does not constitute an offence.
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