VidhiSangh

Supreme Court of India · 19/03/2024

APOORVA ARORA & ANR. ETC. versus STATE (GOVT. OF NCT OF DELHI) & ANR.

[2024] 3 S.C.R. 1147 · 2024 INSC 223

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Summary

Profanity and vulgarity are not by themselves obscenity under Section 67 of the Information Technology Act. Applying contemporary community standards to College Romance in context, the Court found neither prurient content nor sexually explicit acts or conduct attracting Section 67A. Courtroom decorum, linguistic purity and the sensitivities of children or hypersensitive viewers were inappropriate substitutes for the statutory test. The appeals were allowed and the FIR against the actors, creators and associated appellants quashed.

Issues

  1. Whether vulgar expletives in the web-series constituted statutory obscenity.
  2. What perspective and contextual assessment govern the community-standards test.
  3. Whether the complaint disclosed sexually explicit acts or conduct under Section 67A.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside. FIR 403/2023 dated 16 April 2023 at Mukherjee Nagar, Delhi, under Sections 67 and 67A of the IT Act quashed against the appellants; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 1147.