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Aveek Sarkar & Anr vs State Of West Bengal And Anr on 3 February, 2014
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Section 292 in The Indian Penal Code
Section 79 in The Indian Penal Code
Section 4 in The Indecent Representation of Women (Prohibition) Act, 1986
Section 482 in The Code Of Criminal Procedure, 1973
The Indecent Representation of Women (Prohibition) Act, 1986
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Aveek Sarkar vs State Of West Bengal & Anr on 26 March, 2015
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Supreme Court of India
section 292 in indian penal code
Aveek Sarkar & Anr vs State Of West Bengal And Anr on 3 February, 2014
section 292 ipc
nude
Author: E Hear……………………………..J.
Bench: K.S. Radhakrishnan, A.K. Sikri
magazine
s 292a in the indian penal code
s.292 ipc
292 ipc
REPORTABLE
section 292 penal code
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.902 OF 2004
jury
film
section 79
germane
Aveek Sarkar & Anr.
.. Appellants
lascivious
section 79 of ipc
Versus
State of West Bengal & Ors.
.. Respondents
section 79 indian penal code
s. 79 ipc
J U D G M E N T
K. S. RADHAKRISHNAN, J.
1. A German magazine by name “STERN” having worldwide circulation published an article with a
picture of Boris Becker, a world renowned Tennis player, posing nude with his darkskinned fiancée by
name Barbara Feltus, a film actress, which was photographed by none other than her father. The article
states that, in an interview, both Boris Becker and Barbaba Feltus spoke freely about their engagement,
their lives and future plans and the message they wanted to convey to the people at large, for posing to
such a photograph. Article picturises Boris Becker as a strident protester of the pernicious practice of
“Apartheid”. Further, it was stated that the purpose of the photograph was also to signify that love
champions over hatred.
2. “Sports World”, a widely circulated magazine published in India reproduced the article and the
photograph as cover story in its Issue 15 dated 05.05.1993 with the caption “Posing nude dropping out
of tournaments, battling Racism in Germany. Boris Becker explains his recent approach to life” – Boris
Becker Unmasked.
3. Anandabazar Patrika, a newspaper having wide circulation in Kolkata, also published in the second
page of the newspaper the abovementioned photograph as well as the article on 06.05.1993, as
appeared in the Sports World.
4. A lawyer practicing at Alipore Judge’s Court, Kolkata, claimed to be a regular reader of Sports
World as well as Anandabazar Patrika filed a complaint under Section 292 of the Indian Penal Code
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