VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
only’, is without merit or not.
30.
This Court also wanted to test/examine the test of a common
prudent man in practicality, acting itself as a common prudent
person, so as to check as to whether such language, in fact, can be
heard by a common prudent man without being embarrassed or
finding it against decency or against the concept of decency. After
watching few episodes of the series as well as the episode in
question, this Court found that the actors/protagonists in the web
series are not using the language used in our country i.e. civil
language. The Court not only found excessive use of ‘swear words’,
���profane language’ and ‘vulgar expletives’ being used, it rather found
that the web series had a series of such words in one sentence with
few Hindi sentences here and there. In the episode in question, there
is clear description and reference to a sexually explicit act. The Court
had to watch the episodes with the aid of earphones, in the chamber,
as the profanity of language used was of the extent that it could not
have been heard without shocking or alarming the people around and
keeping in mind the decorum of language which is maintained by a
common prudent man whether in professional or public domain or
even with family members at home. Most certainly, this Court notes
that this is not the language that nation’s youth or otherwise citizens
of this country use, and this language cannot be called the frequently
spoken language used in our country.
31.
The
words
‘obscene’,
‘vulgar’,
‘profane’,
‘prurient’,
‘lascivious’, ‘expletive’, ‘swearing’, and ‘rude and indecent
language’ have not been defined in IPC or IT Act .
CRL.M.C. 2214/2020 & connected matters
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