Publications containing obscene elements intended to arouse sexual desire compromise public decency, thus failing the test of obscenity under Section 292 of the IPC.

1. This appeal has been filed on behalf of the State of U. P. against the order dated 10th September, 1965 passed by Temporary Sessions Judge, Mathura in Criminal Appeal No. 369 of 1964 acquitting the respondent Kunji Lal of an offence under S.292, I. P. C.

2. Allegations on which the respondent was made to stand his trial under S.292, I. P. C. were that he was the owner of Shyam Kashi Press and carried on the business of publication of books. On 16th of January, 1964 Sri Sarwan Singh of Police Station Kotwali reached his press and found 66 books which are alleged to be obscene. These 66 books were copies of those books which were exhibited in the case as Exs. 1 to 6. These six books were entitled : -
(1) Kamsutra
(2) Rati Rahasya,
(3) Anang Rang
(4) Panch Sahayak
(5) Kamkala and
(6) Suhagraat.
The respondent admitted recovery of these books. He contended that these books were not obscene. According to him they were scientific works meant to give healthy sex education to masses. They were works of eminent writers. He stated that book Ex. 1 was translation of the work of Vatsayan, Ex. 2 was translation of a book written by Koka, known as Rati Rahasya, Ex. 3 was translation of a book entitled. Ananrang written by Poet Kalyan Mal, Ex. 4 Panch Sahayak was translation of a book written by Jyotishivcharya.
He stated that Vatsayan lived in the year 200 A.D. Koka in 200 A. D. Jyotishivcharya in 1200 A. D. and Kalyanmal in 1600 A. D. Works of these eminent writers have been translated in several languages. The books Exts. 1 to 4 were meant for married people and were to be used by private circulation. The language used in these books is terse and cannot be understood by children and ordinary persons. Object of these books is to remove the dissensions between husband and wife for proper reproduction of the progeny and to make the married life happy. The books Exs. 5 and 6 were also meant for married people only. According to him he forwarded copies of each of these books to the Collector as required by Press and Registration Act, and to the National Library of Calcutta. Had the books been considered to be obscene an objection to this effect should have been raised by the authorities much earlier.

3. Only point that arises for consideration in this case is whether the books in question were obscene or not. If they are held to be obscene, it is conceded that all the ingredients for an offence under S.292, I. P. C. would be made out and the respondent would be guilty of an offence under that section.

4. Learned Magistrate recorded the following findings in respect of each of the six books.
(1) Ex. 1 - Kamsutra. Its contents were not obscene except the pictures of nude women at pages 40, 41 and 80-81. These pictures are obscene and have no relevance to the text.
(2) Ex. II - Rati Rahasya. This book also contains pictures of nude women which has no relevance to the text and were obscene. Moreover at pages 127-130, 141-146 and 161-162, the author had discussed methods for subjugating woman, to increase the retention power in man during cohabitation. These passages were also obscene.
(3) Ex. III - Anang Rang. The book also contained pictures of nude women which had no relevance to the subject hence rendered the book obscene. These pictures were printed at pages 16-17, 48-49. At pages 51-60 the author had given some prescriptions which deal with increasing retention power of male during cohabitation, which was most unscientific. Any suggestion made in the book for making a woman reach her climax before the man during cohabitation was for se (sic) obscene. Similarly the