VERDICTUM.IN
NEUTRAL CITATION NO. 2023/DHC/001676
32.
The present case will be tested on basis of judicial precedents
and dictionary meanings of these words and on the legal standard
under Section 67 of IT Act that deals with transmission of material
which is lascivious or appealing to the prurient interest or if its effect
is such as to tend to deprave and corrupt persons who are likely,
having regard to all relevant circumstances, to read, see or hear such
obscene content. Whether the vulgar language used by one person
against the other in a web series will be covered under Section 67 of
IT Act or not has to be judged and decided in light of the law laid
down by the Hon’ble Apex Court in various judgments.
33.
According to Black Law’s Dictionary, ‘obscenity’ means
“character or quality of being obscene, conduct tending to corrupt the
public merely by its indecency or lewdness”. The word ‘lascivious’
refers to “tending to excite lust, lewd, indecent, obscene, relating to
sexual impurity, tending to deprave the morals in respect to sexual
relations”. The word ‘prurient interest’ refers to “morbid interest in
sex, nudity and obscene or pornographic matters”.
34.
According to Oxford Dictionary, the meaning of ‘vulgar’ is
“not having or showing good taste; not polite, elegant, or well
behaved”, and the word ‘deprave’ refers to “make somebody morally
bad”.
35.
It means that the content is to be read with regard to the
circumstances of the content itself and is also with regard to the
persons who will read, see or hear such content. In the case at hand,
the content in question is the content of the web series ‘College
Romance’ and the persons who are likely to be affected or the
CRL.M.C. 2214/2020 & connected matters
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