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Issues Involved:
1. Whether indecent and obscene performances per se would attract prosecution under Section 294 of the Indian Penal Code (IPC) in the absence of express evidence of annoyance by any of the persons who attend such shows. 2. Whether a restaurant where cabaret dances are held and entry is restricted by purchase of tickets would be considered a public place under Section 294 of IPC. Issue-Wise Detailed Analysis: 1. Indecent and Obscene Performances and Section 294 IPC: The petitioners sought quashing of the F.I.R. and all proceedings in Criminal Case No. 18/P/2000 for the offense under Section 294 IPC, arguing that the cabaret performance did not cause annoyance to others, a key ingredient of the offense. They relied on previous judgments by Single Judges of the Bombay High Court, which held that cabaret performances, even if exposing private parts, do not amount to obscenity under Section 294 IPC if no annoyance is caused to the audience. The Court examined Section 294 IPC, which penalizes obscene acts in public places if they cause annoyance to others. The essential ingredients are: - The act must be done in a public place. - The act must be obscene. - The act must cause annoyance to others. The Court noted that previous judgments emphasized the necessity of proving actual annoyance to constitute an offense under Section 294 IPC. The Court reaffirmed that mere performance of an obscene act is insufficient without evidence of annoyance caused to others. It highlighted that annoyance must be proven through proper evidence to avoid misuse of the provision by the prosecuting agency. The Court concluded that an act per se indecent and obscene does not warrant prosecution under Section 294 IPC without express evidence of annoyance by any of the persons who attended the show. The Court suggested that other laws, such as the Bombay Police Act or specific licensing rules, might be more appropriate for addressing such performances. 2. Definition of Public Place Under Section 294 IPC: The Court addressed whether a restaurant where cabaret dances are held and entry is restricted by purchase of tickets qualifies as a public place under Section 294 IPC. It referred to previous judgments that expressed doubts about whether such venues could be considered public places. The Court opined that an enclosed area in a hotel where entry is restricted by ticket purchase does not cease to be a public place. It emphasized that a public place is accessible to all, subject to reasonable restrictions, and the payment of an entry fee does not convert it into a private place. The Court argued that allowing such a distinction would lead to a situation where obscenity is permissible for the rich but not for the poor, which is not the intent of the law. The Court concluded that restaurants where cabaret dances are performed and entry is restricted by purchase of tickets are public places within the meaning of Section 294 IPC. Conclusion: The Court answered the reference by stating that: 1. Cabaret dances involving indecent and obscene acts per se do not attract the provision of Section 294 IPC without evidence of annoyance to others. 2. Hotels where cabaret dances are performed and entry is restricted by ticket purchase are considered public places under Section 294 IPC. The matter was returned to the learned Single Judge for further proceedings in accordance with the law.
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