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degree or as the lawyers are accustomed to say, of
where the line is to be drawn. It is, however, clear
that obscenity by itself has extremely "poor value in
the-propagation of ideas, opinions and information
of public interest or profit." When there is
propagation of ideas, opinions and information of
public interest or profit, the approach to the
problem may become different because then the
interest of society may tilt the scales in favour of
free speech and expression. It is thus that books on
medical science with intimate illustrations and
photographs, though in a sense immodest, are not
considered to be obscene but the same illustrations
and photographs collected in book form without the
medical text would certainly be considered to be
obscene. Section 292, Indian Penal Code deals with
obscenity in this sense and cannot thus be said to
be invalid in view of the second clause of Article 19.”
16.
Eventually, the Court upheld the constitutional validity of
the
said
provision.
After
the
pronouncement
by
the
Constitution Bench, the legislature amended Section 292
which presently reads thus:“292. Sale, etc., of obscene books, etc.—(1) For
the purposes of sub-section (2), book, pamphlet,
paper, writing, drawing, painting, representation,
figure or any other object, shall be deemed to be
obscene if it is lascivious or appeals to the prurient
interest or if its effect, or (where it comprises two or
more distinct items) the effect of any one of its
items, is, if taken as a whole, such as to tend to
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