Obscene - Definition - Law Dictionary Home Dictionary Definition obscene

Definition :

Obscene, means if there be no abstract definition ........ Should not the word 'obscene' be allowed to indicate the present critical point in the compromise between candor and shame at which the community may have arrived here and now, United States v. Kennerley, 209 F 119 (121) (S.D.N.Y. 1913).

Obscene, the Indian Penal Code borrowed the word from the English Statute. The Common law offence of obscenity was established in England three hundred years ago when Sir Charles Sedley exposed his person to the public gaze on the balcony of a tavern. Obscenity in books, however, was punishable only before the spiritual courts because it was so held down to 1708 in which year Queen v. Read, 11 Mod 205 QB, was decided, In 1727 in the case against one Curl it was ruled for the first time that it was a Common Law offence, Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881 (887): (1965) 1 SCR 65. (Indian Penal Code, s. 292)

The concept of obscenity would differ from country to country depending on the standards of morals of contemporary society. But to insist that the standard should always be for the writer to see that the adolescent ought not to be brought into contact with sex or that if they read any references to sex in what is written whether that is the dominant theme or not they would be affected, would be to require authors to write books only for the adolescent and not for the adults. The standards of contemporary society in India are also fast changing. If a reference to sex by itself is considered obscene, no books can be sold except those which are purely religious. What one has to see is that whether a class, not an isolated case, into whose hands the book, article or story falls suffer in their moral outlook or become depraved by reading it or might have impure and lecherous thoughts aroused in their minds. The charge of obscenity must, therefore, be judged from this aspect, Shri Chandrakant Kalyandas Kakodkar v.
State of Maharashtra, AIR 1970 SC 1390: (1969) 2 SCC 687: (1970) 1 SCR 80. (Indian Penal Code, 1860, s. 292)

A vulgar writing is not necessarily obscene. Vulgarity arouses a feeling of disgust and revulsion and also boredom but does not have the effect of depraving, debasing and corrupting the morals of any reader of the novel, whereas obscenity has the tendency to deprave and corrupt those whose minds are open to such immoral influences, Samaresh Bose v. Amal Mitra, AIR 1986 SC 967 (983): (1985) 4 SCC 289: (1985) Supp (3) SCR 17. (Indian Penal Code, s. 292)

The words addressed were clearly offensive to the chastity and modesty of the girls. The words were likely to express and personate. Something which delicacy, purity and decency forbade to be expressed an 'obscene act' within the meaning of s. 294, Indian Penal Code; Zafar Ahmad Khan v. State, AIR 1963 All 105 (107). (Indian Penal Code, s. 294)