SAMARESH BOSE AND ANR. versus AMAL MITRA AND ANR.

SAMARESH BOSE AND ANR. versus AMAL MITRA AND ANR.

The novel 'Prajapati' is not obscene within the meaning of section 292 IPC. Although portions of the book may use vulgar language and non-traditional literary forms, they do not have the effect of depraving or corrupting readers of any age. References to sex alone are not sufficient to render a literary work obscene. The conviction and sentence imposed by the courts below are set aside.

Parties
Appellant: Samaresh Bose; Appellant: Sitangshu Kumar Dasgupta; Respondent: Amal Mitra
Jurisdiction
India
Judgment Date
24 September 1985
Procedural Posture
Criminal Appeal / Supreme Court Final Appeal Decision
Outcome
Appeal allowed; appellants acquitted.
Legal Topics
Obscenity, Section 292 IPC, Freedom of Expression, Literary Standards
Criminal Law Obscenity Section 292 IPC Freedom of Expression Literary Standards

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Parties

Samaresh Bose

Appellant

Sitangshu Kumar Dasgupta

Appellant

Amal Mitra

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Appeal Decision

Legal Issues

  1. 1 Whether the novel 'Prajapati' published in the journal 'Sarodiya Desh' is obscene within the meaning of section 292 IPC, attracting liability for the author, printer, and publisher.

Ratio Decidendi

The novel 'Prajapati' is not obscene within the meaning of section 292 IPC. Although portions of the book may use vulgar language and non-traditional literary forms, they do not have the effect of depraving or corrupting readers of any age. References to sex alone are not sufficient to render a literary work obscene. The conviction and sentence imposed by the courts below are set aside.

Court Disposition

Appeal allowed; appellants acquitted.

Orders

  • Conviction and sentence set aside.
  • Fine, if paid, to be refunded to appellants.