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tendency of the matter charged as obscene is to
deprave and corrupt those whose minds are open to
such immoral influences and into whose hands a
publication of this sort may fall. Great strides have
been made since this decision in the U.K., the
United States as well as in our country. Thus, in
Directorate General of Doordarshan v. Anand
Patwardhan11 this Court noticed the law in the
United States and said that a material may be
regarded as obscene if the average person applying
contemporary community standards would find that
the subject-matter taken as a whole appeals to the
prurient interest and that taken as a whole it
otherwise lacks serious literary, artistic, political,
educational or scientific value (see para 31).
49. In a recent judgment of this Court, Aveek
Sarkar v. State of W.B. 12, this Court referred to
English, US and Canadian judgments and moved
away from the Hicklin (supra) test and applied the
contemporary community standards test.
50. What has been said with regard to public order
and incitement to an offence equally applies here.
Section 66-A cannot possibly be said to create an
offence which falls within the expression “decency”
or “morality” in that what may be grossly offensive
or annoying under the section need not be obscene
at all—in fact the word “obscene” is conspicuous by
its absence in Section 66-A.”
22.
In Devidas Ramachandra Tuljapurkar v. State of
Maharashtra and Ors13 analyzing the said judgment another
11 (2006) 8 SCC 433
12 (2014) 4 SCC 257
13 (2015) 6 SCC 1
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