Kerala High Court quashes criminal case against director Sreekumar Menon filed by film actress
The actress alleged that the Sreekumar, through Facebook and over phone, abused her in a manner causing disrepute to her and outraged her modesty.
The actress alleged that the Sreekumar, through Facebook and over phone, abused her in a manner causing disrepute to her and outraged her modesty.
No other specific overt act is attributed to petitioners to attract the offences punishable under Sections 294, 114 read with Section 34 of Penal Code, 1860 against them.
The Delhi High Court had earlier directed registration of a First Information Report (‘FIR’) against the makers of TVF web series ‘College Romance’.
Supreme Court, while granting interim protection from arrest to Jayanarayan Mishra, issued notice and Dasti notice to the Standing Counsel for the State.
Taking a narrow view as to what acts could constitute an obscenity would be a retrograde act. Surely the provisions of Section 294 of IPC would not apply to all the situations and thus, the Court cannot countenance a situation where acts such as the ones referred to in the FIR would be judged by a Police Officer, who in his personal opinion considers them to be obscene acts to cause annoyance to any member of the public.
State has a strong interest in protecting children from obscene content in the school setting. However, READER (HB900) misses the mark on obscenity with a web of unconstitutionally vague requirements.
EBC brings Saurabh Bindal’s book on “OBSCENITY: Prevention, Law & Practice
The Delhi High Court upheld the order of ASJ to register an FIR under the provision of the Information Technology Act, 2000 against the petitioner, however, clarified that the same does not include the direction to arrest any of the accused or petitioner.
If the act is not obscene, or is not done in any public place, or the song recited or uttered is not in or near any public place or that it caused no annoyance to others, no offence under Section 294(b) of IPC is committed.
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