RANJIT D. UDESHI versus STATE OF MAHARASHTRA

RANJIT D. UDESHI versus STATE OF MAHARASHTRA

Section 292, Indian Penal Code, is a constitutionally valid restriction as it seeks to promote public decency and morality, falling within the exceptions of Article 19(2). The book 'Lady Chatterley's Lover' is obscene within the meaning of section 292 IPC. The prosecution is not required to prove the accused's knowledge of obscenity for conviction under section 292.

Parties
Appellant: Ranjit D. Udeshi; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
19 August 1964
Procedural Posture
Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated February 6, 1962 of the Bombay High Court in Criminal Revision Application No. 1149 of 1961
Outcome
Appeal dismissed
Legal Topics
Freedom of Speech, Obscenity, Reasonable Restriction, Indian Penal Code S.292
Constitutional Law Criminal Law Freedom of Speech Obscenity Reasonable Restriction Indian Penal Code S.292

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Parties

Ranjit D. Udeshi

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From the Judgment and Order Dated February 6, 1962 of the Bombay High Court in Criminal Revision Application No. 1149 of 1961

Legal Issues

  1. 1 Whether section 292, Indian Penal Code, is void as violating freedom of speech and expression under Article 19(1)(a) of the Constitution
  2. 2 Whether the book 'Lady Chatterley's Lover' is obscene under section 292, IPC
  3. 3 Whether knowledge of obscenity is an ingredient of the offence under section 292, IPC

Ratio Decidendi

Section 292, Indian Penal Code, is a constitutionally valid restriction as it seeks to promote public decency and morality, falling within the exceptions of Article 19(2). The book 'Lady Chatterley's Lover' is obscene within the meaning of section 292 IPC. The prosecution is not required to prove the accused's knowledge of obscenity for conviction under section 292.

Court Disposition

Appeal dismissed

Orders

  • The High Court was right in dismissing the revision petition. The appeal fails and is dismissed.