Supreme Court Judgment on Cyber laws and media law Judgments HEADNOTE: The appellant, a bookseller, sold a copy of the unexpurgated edition of “Lady Chatterley’s Lover”. He was convicted under s. 292, Indian Penal Code. In his appeal to the Supreme Court he contended that : (i) the section was void because it violated the freedom of speech and expression guaranteed by Art. 19(1)(a) of the Constitution of India., (ii) even if the section was valid, the book was not obscene and (iii) it must be shown by the prosecution that he sold the book with the intention to corrupt the purchaser, that is to say, that he knew that the book was obscene. HELD : (i) the section embodies a reasonable restriction upon the freedom of speech and expression guaranteed by Art. 19 and does not fall outside the limits of restriction permitted by cl. (2) of the Article. The section seeks no more than the promotion of public decency and morality which are the words of that clause. [69G; 70E-F; 74B]. (ii) The book must be declared obscene within the meaning of s. 292, Indian Penal Code. [81C]. Click link for full Judgement: lawintellectindia/supreme-court-judgment-on-cyber-laws-and-media-law-judgments/
Posted on: Wed, 24 Jul 2013 09:07:44 +0000
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