Last edited by Malajas
Monday, July 20, 2020 | History

3 edition of Law of obscenity in India. found in the catalog.

Law of obscenity in India.

Jyotsna Nath Mallik

Law of obscenity in India.

by Jyotsna Nath Mallik

  • 104 Want to read
  • 30 Currently reading

Published by Eastern Law House in Calcutta .
Written in English

    Places:
  • India.
    • Subjects:
    • Obscenity (Law) -- India

    • Edition Notes

      ContributionsOrissa, India.
      Classifications
      LC ClassificationsLAW
      The Physical Object
      Pagination119 p.
      Number of Pages119
      ID Numbers
      Open LibraryOL10699M
      LC Control Numbersa 67000515

      For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the pruri­ent interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt. Obscenity - Obscenity - Developments in the 20th century: The variability of legal definitions of obscenity is well illustrated by court cases in the United States. Until the middle of the 20th century, the standard definition used by U.S. courts was the one articulated in the British Hicklin case. On this basis several novels, including Theodore Dreiser’s An American Tragedy () and D.H.

        Treatise on sexual intercourse; convicted of obscenity. C.T. Prim v. The State (29/4/) The West Bengal High Court: AIR Cal Importing obscene books; when responsibility is enjoined by law, mere difficulty in carrying it out is no defence. Ranjit D. Udeshi v. State of Maharashtra (19/8/) Supreme Court: AIR SC Cyber Law (IT Law) in India Cyber Law also called IT Law is the law regarding Information-technology including computers and internet. It is related to legal informatics and supervises the digital circulation of information, software, information security and e-commerce.

      Recently, we have seen a surfeit of criminal cases involving alleged obscenity in public. Despite the fundamental right to freedom of speech and expression enshrined in article 19(1) (a) of the constitution of India, noted artists and actors have been charged under section of the Indian Penal Code. Indian law on obscenity is often. THE LAW RELATING TO OBSCENE PUBLICATIONS IN INDIA By VISHNU D. SHARMA • and F. WOOLDRIDGE f AN attempt will be made in the present paper to consider the law of obscene publications in India, and its possible reform. Some com-parisons will also be made with English law where such comparisons appear constructive.


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Law of obscenity in India by Jyotsna Nath Mallik Download PDF EPUB FB2

Obscenity Law In India. One of the most controversial issue is balancing the need to protect society against the potential harm that may flow from obscene material, and the need to ensure respect for freedom of expression and to preserve a free flow of information and idea.

In this paper, the researcher discusses obscenity as has been discussed under English Law, Laws of United States & India by discussing various cases & the statutes in force. English Obscenity Law: The test to determine obscenity under English law.

The acceptable level of obscenity in films, photographs, paintings, and stories and novels, is not yet settled in India.

In terms of section of the Indian Penal Code, any matter is obscene if taken as a whole, it is lascivious or appeals to the prurient interest or if its effect and tends to deprave and corrupt persons who read, see or hear Author: Amartya Bag.

Additional Physical Format: Online version: Mallik, J.N. (Jyotsna Nath), Law of obscenity in India. Calcutta, Eastern Law House [] (OCoLC) The concept of obscenity differs from nation to nation. It depends on the cultural values and moral standards that have shaped the history and society of the country.

Typically, obscenity is usually analyzed in the backdrop of sexual conduct. Indian law on Author: Pratyush Raj. The Chambers of Law. is a full service law firm founded in the year with the vision to provide cost effective and seamless services to a diverse sector of corporate and individual clientele.

The firm has a pan India presence, catering to its clients across various fora in the country. It provides service in the areas of Litigation, Real Estate Practice, Consumer Litigation, Corporate. The definition of obscenity both in law and language is vague, but the Law of obscenity in India.

book of criminality is “whether the exhibition or matter tends to deprave”. Obscenity is often defined as “lewd, impure, indecent and calculated to shock the moral sense of man by a disregard of chastity or modesty. Arguments: The prosecution contended that the law regarding obscenity in India had its underpinnings in the Hicklin test (which laid emphasis on the potential of the impugned object to deprave and corrupt by immoral influences) and that the book failed the test.

Arguments: The prosecution contended that the law regarding obscenity in India had its underpinnings in the Hicklin test (which laid emphasis on the potential of the impugned object to deprave and corrupt by immoral influences) and that the book failed the test. The appellant argued that S.

of the IPC was void as an impermissible and vagueFile Size: 87KB. The law on obscenity in India was essentially enacted to prevent the publication of some books that would contain graphic description of sexual encounters.

It is little more than content regulation. What then is the purpose of the exception clause that says anything in the interest of 'art' is beyond the purview of the law prohibiting obscenity?Author: SACJ.

The Supreme Court has ruled that, “transmitting obscenity and child pornography, whether via the Internet or other means, is illegal under federal law for both adults and juveniles.”-RenoU.S. (). Obscenity Obscenity is not protected under First Amendment rights to free speech, and violations of federal obscenity laws are criminal offenses.

Laws Prohibiting Obscenity. Constitution of India: Article 19 (2) of the Indian Constitution provides that the state has the power to impose reasonable limitations on freedom of expression to maintain morality andIn the case of Ranjit Udeshi of Maharastra (AIR SC ), the Court interpreted the word “obscene” as offensive to modesty or decency.

Obscenity is a confounding area of First Amendment law. Obscenity remains one of the most controversial and confounding areas of First Amendment law, and Supreme Court justices have struggled mightily through the years to define it.

Justice Potter Stewart could provide no. In India, we have a mixed bag of judgments that address the issue of obscenity. Seeing the difficulty in application of the community standards test, it is noteworthy that the ultimate fate of a book, painting or a film is dependent on the morality of an individual judge.

The book cannot be imported into India. The book is a memoir of the author's time in British India as a veteran soldier. The Land of the Lingam: Arthur Miles It cannot be imported into India. The book is about Hinduism, caste and phallicism.

Mysterious India: Moki Singh The book. The Law of Obscenity and Pornography Full Description: " The Law of Obscenity and Pornography can improve the reader's memory. As you read the book, you have a variety of meanings, their origins, ambitions, history and nuances, as well as various circles and sub-transfers each story.

Obscenity is a criminal offence across a variety of laws. The Indian Penal Code in section and section criminalize publishing obscene books, singing obscene songs, and doing obscene acts. OBSCENITY, crim. law. Such indecency as is calculated to promote the violation of the law, and the general corruption of morals.

The exhibition of an obscene picture is an indictable offence at common law, although not charged to have been exhibited in public, if it be averred that the picture, was exhibited to sundry persons for money.

Federal law prohibits the possession with intent to sell or distribute obscenity, to send, ship, or receive obscenity, to import obscenity, and to transport obscenity across state boarders for purposes of distribution. Although the law does not criminalize the private possession of obscene matter, the act of receiving such matter could violate.

Obscenity Law In India 1. Introduction This paper looks into the need to reform outdated laws relating to obscenity in India. Laws which have been abused in order to restrict freedom of expression.

The law covering obscenity is dealt with in the India Penal Code of. In India, the test laid down by Cockburn, C.J. in R. vs. Hicklin () had been the test for a very long time Since Ranjit D. Udeshi Case () to determine obscenity.Additional Physical Format: Online version: Sarkar, Amiya K.

Law and obscenity. Bombay, N.M. Tripathi, (OCoLC) Online version: Sarkar, Amiya K. The law on obscenity is a paradox unto itself and captures the hypocrisy prevalent in society — a society in which the values of Victorian England have been adopted and branded as Indian.

Constitutionally, any restriction on the exercise of free speech is required to strictly arise within one of the grounds contained within Article 19(2).