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A Critical Legal Study on How an Obscenity is an Offence in India

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A Critical Legal Study on How an Obscenity is an Offence in India

Jyoti | Dr. Vivek Kumar

Jyoti | Dr. Vivek Kumar "A Critical Legal Study on How an Obscenity is an Offence in India" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-7 | Issue-6, December 2023, pp.613-619, URL: https://www.ijtsrd.com/papers/ijtsrd61194.pdf

Obscenity is a widespread and complicated problem since it touches on related problems like morality and decency, which are culturally and societally specific. The definition of the word "obscene" is “offending” against established standards of morality and decency." It also described as an immoral conduct intended to shock a sensible, rational man's moral sensibility by a disregard for decency and morals. This present paper aimed at Obscenity is illegal under several different laws Sections 292 and 294 of the Indian Penal Code make it illegal to engage in obscene conduct, including publishing obscene literature, performing obscene songs, and engaging in obscene activities in or near public spaces. The present paper aimed at obscenity tests of obscenity Miller test, Hicklin test, Roth test, Likely Audience Test, Community standards test. This present paper also emphasises the observation of Controversy on Legal Advancement of Obscenity and Minors and (POCSO) Protection of Children from Sexual Offenses Act with the rise of the Internet and social media, the legislation around obscenity has changed. Present paper also observed with the Anti-Obscenity Laws in India Different Legal Provisions and Penalties. Anyone who posts or sends offensive content online may be prosecuted under Section 67 of the Information Technology Act issues has also been explained in the present paper. The Young Persons (Harmful Publication) Act, 1956 Section 2 and also dealing with the Section 2 of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 discussed in this research paper. The present also discussed Constitutional provisions of decency and morality: exception to freedom of speech and expression. This research paper also emphasises the Legal Precedents with Respect of Obscenity and also analysis the various suggestions Arguments on Obscenity.

Culturally, Decency, morality, Obscenity, offending, societally, legislation, violating

Volume-7 | Issue-6, December 2023
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

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