A magazine published a semi-nude photograph of a woman, in a campaign against breast cancer. The…
Aveek Sarkar v. State of West Bengal (2014), decided under section 292 IPC (now section 294 BNS), rejects the Hicklin approach of isolating fragments and judging them by…
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A magazine published a semi-nude photograph of a woman, in a campaign against breast cancer. The tag-line of the photograph was to encourage women to get regular medical tests done to ensure early detection of the disease. A respected lawyer in Delhi felt that the photograph was obscene and would result in young minds being corrupted. Hence, he filed a complaint against the editor of the magazine invoking Section 294 of the Bharatiya Nyaya Sanhita, 2023. In light of Supreme Court jurisprudence on obscenity, which of the following is not a standard that should be used to judge whether the photograph is obscene?
Answer and explanation
Correct answer A
Aveek Sarkar v. State of West Bengal (2014), decided under section 292 IPC (now section 294 BNS), rejects the Hicklin approach of isolating fragments and judging them by particularly susceptible minds. Contemporary community standards require assessment in context, including the work's message. Nudity alone does not establish obscenity.
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