Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | publisher and the printer of a poem 'Gandhi Mala Bhetala'('I met GandhiJ - Charges framed-Application by the accused for discharging them PENAL CODE 1860: . . c s. 292 - Framing of charges under-Against the author |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | PENAL CODE, 1860:s. 292 - Framing of charges under-Against the author,publisher and the printer of a poem 'Gandhi Mala Bhetala'('Imet GandhiJ - Charges framed-Application by the accusedfor discharging them - Rejected by trial court - Orderconfirmed by the revisional court as well as the High Court-On appeal, held: The view of High Court pertaining to framingof charges as against the poet cannot be flawed- Whetherthe poem has any other layer of meaning or not, cannot begone into, at the time of framing of charges- It shall be open Efor the poet to put his defense at the trial - However, thepublisher and the printer, in the facts of the case, amdischarged- Code of Criminal Procedure, 1973.s.292 - Offence under - Constituents of - Held: Bybringing in a historically respected personality to the arenaof s.292 IPC, neither a new offence is created nor an ingredientis interpreted - The parameter for adjudging obscenity is'contemporary community standards' test- However, the testbecomes applicable with more vigour, in a greater degree, if Gthe name of Mahatma Gandhi is used as a symbol or allusionor surrealistic voice to put words or to show him doing suchacts which are obscene.Art. 19(1)(a) and 19(2) - Freedom of speech andexpression and limitations thereon - Held: Freedom ofspeech and expression though has to be given a broadcanvas, but it has its inherent limitations, it is not absolute.Art. 19(1)(a) - Interpretation of - Held: When twointerpretations (restrictive and liberal) of Art. 19(1)(a) arepossible, liberal interpretation should be adopted - Art.19(1)(a) is intrinsically linked with preambular objectiveswhich form a part of basic structure- Hence the Article shouldbe interpreted in aid of the preambular objective.WORDS AND PHRASES:'Poetic license'- Meaning of- Discussed.'Obscenity' and 'vulgarity' - Meaning of, in the context ofs.292 /PC- Discussed.'Poetry' - Meaning of. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 414 |
Petitioner | Devi Das Ramachandra Tuljapurkar |
Respondent | State Of Maharashtra& Ors. |
SCR | [2015] 7 S.C.R. 853 |
Judgement Date | 2015-05-14 |
Case Number | 1179 |
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