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Issues Involved:
1. Validity of Section 292 of the Indian Penal Code. 2. Proper interpretation and application of Section 292 to the novel "Lady Chatterley's Lover." 3. Requirement of intention to corrupt the public for the offense under Section 292. Issue-wise Detailed Analysis: 1. Validity of Section 292 of the Indian Penal Code: The appellant argued that Section 292 of the Indian Penal Code (IPC) is void as it imposes an impermissible and vague restriction on the freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution and is not saved by clause (2) of the same article. The court noted that Article 19 guarantees freedom of speech and expression but also allows for reasonable restrictions in the interests of public order, decency, or morality. Section 292, introduced by the Obscene Publications Act of 1925, aims to suppress obscenity, which falls within the permissible restrictions under public decency and morality. The court concluded that the term "obscene" is not vague as it is understood to mean offensive to modesty or decency, lewd, filthy, and repulsive. Hence, Section 292 is valid and does not violate the constitutional guarantee of free speech. 2. Proper Interpretation and Application of Section 292 to the Novel "Lady Chatterley's Lover": The appellant contended that even if Section 292 is valid, the book "Lady Chatterley's Lover" is not obscene when considered as a whole. The court referred to the test of obscenity established in Queen v. Hicklin, which considers whether the material tends to deprave and corrupt those open to such influences. The court emphasized that the book's overall effect should be considered, and it should not be condemned based on isolated passages. The court also noted that the book must be judged by contemporary community standards and the balance between freedom of speech and public decency. The court found that "Lady Chatterley's Lover" contains explicit descriptions of sexual acts and uses language that is likely to deprave and corrupt readers, thus failing the Hicklin test. The court highlighted that the book's primary attraction is its erotic content, which overshadows any literary or social value it might have. 3. Requirement of Intention to Corrupt the Public for the Offense under Section 292: The appellant argued that for an offense under Section 292, the prosecution must prove that the accused had the intention to corrupt the public. The court rejected this argument, stating that the first sub-section of Section 292 does not make knowledge of obscenity an ingredient of the offense. The prosecution need not prove the accused's knowledge of the book's obscenity. The court held that the act of selling or possessing an obscene object for sale is sufficient to establish the offense, and the circumstances of the case can determine the criminal intent. The court concluded that the appellant, being a bookseller, should have known the nature of the book he was selling, and the sale of the book itself implies a guilty intention. Conclusion: The court upheld the validity of Section 292 of the IPC, stating that it imposes a reasonable restriction on the freedom of speech in the interest of public decency and morality. The court found that "Lady Chatterley's Lover" is obscene as it primarily appeals to prurient interests and lacks significant social value. The court also held that the prosecution does not need to prove the accused's knowledge of the book's obscenity for an offense under Section 292. The appeal was dismissed, and the High Court's decision to convict the appellant was affirmed.
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