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

Journal: International Journal of Trend in Scientific Research and Development (Vol.7, No. 6)

Publication Date:

Authors : ;

Page : 613-619

Keywords : Culturally; Decency; morality; Obscenity; offending; societally; legislation; violating;

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Abstract

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 mans 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. 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, URL: https://www.ijtsrd.com/papers/ijtsrd61194.pdf Paper Url: https://www.ijtsrd.com/other-scientific-research-area/public-relations/61194/a-critical-legal-study-on-how-an-obscenity-is-an-offence-in-india/jyoti

Last modified: 2024-02-06 18:59:24