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A Critical Legal Study on How an Obscenity is an Offence in India

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A Critical Legal Study on How an Obscenity is an Offence in India


Jyoti | Dr. Vivek Kumar



Jyoti | Dr. Vivek Kumar "A Critical Legal Study on How an Obscenity is an Offence in India" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-7 | Issue-6, December 2023, pp.613-619, URL: https://www.ijtsrd.com/papers/ijtsrd61194.pdf

Obscenity is a widespread and complicated problem since it touches on related problems like morality and decency, which are culturally and societally specific. The definition of the word "obscene" is “offending” against established standards of morality and decency." It also described as an immoral conduct intended to shock a sensible, rational man's moral sensibility by a disregard for decency and morals. This present paper aimed at Obscenity is illegal under several different laws Sections 292 and 294 of the Indian Penal Code make it illegal to engage in obscene conduct, including publishing obscene literature, performing obscene songs, and engaging in obscene activities in or near public spaces. The present paper aimed at obscenity tests of obscenity Miller test, Hicklin test, Roth test, Likely Audience Test, Community standards test. This present paper also emphasises the observation of Controversy on Legal Advancement of Obscenity and Minors and (POCSO) Protection of Children from Sexual Offenses Act with the rise of the Internet and social media, the legislation around obscenity has changed. Present paper also observed with the Anti-Obscenity Laws in India Different Legal Provisions and Penalties. Anyone who posts or sends offensive content online may be prosecuted under Section 67 of the Information Technology Act issues has also been explained in the present paper. The Young Persons (Harmful Publication) Act, 1956 Section 2 and also dealing with the Section 2 of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 discussed in this research paper. The present also discussed Constitutional provisions of decency and morality: exception to freedom of speech and expression. This research paper also emphasises the Legal Precedents with Respect of Obscenity and also analysis the various suggestions Arguments on Obscenity.

Culturally, Decency, morality, Obscenity, offending, societally, legislation, violating


IJTSRD61194
Volume-7 | Issue-6, December 2023
613-619
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

International Journal of Trend in Scientific Research and Development - IJTSRD having online ISSN 2456-6470. IJTSRD is a leading Open Access, Peer-Reviewed International Journal which provides rapid publication of your research articles and aims to promote the theory and practice along with knowledge sharing between researchers, developers, engineers, students, and practitioners working in and around the world in many areas like Sciences, Technology, Innovation, Engineering, Agriculture, Management and many more and it is recommended by all Universities, review articles and short communications in all subjects. IJTSRD running an International Journal who are proving quality publication of peer reviewed and refereed international journals from diverse fields that emphasizes new research, development and their applications. IJTSRD provides an online access to exchange your research work, technical notes & surveying results among professionals throughout the world in e-journals. IJTSRD is a fastest growing and dynamic professional organization. The aim of this organization is to provide access not only to world class research resources, but through its professionals aim to bring in a significant transformation in the real of open access journals and online publishing.

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