What are the offenses relating to public decency and morals?

Question: What are the offenses relating to public decency and morals?

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Answer

Chapter XIV of the Indian Penal Code deals with the offenses relating to public decency, and morals.

• Spread of obscenity

Section 292 deals with the sale, etc., of obscene books, etc., the fundamental object and purpose of criminal law is to protect and conserve the safety and security of primary personal rights of individuals, such as the right to life, body, right to property, habitation, etc. But also to protect and guard morals and public decency and to conserve the moral welfare of the state. A careful perusal of the provisions in section 292 would reveal the word obscenity has not been defined. However, judicial attempts to explain the words have indicated a test to explain the context.

The test of obscenity given Cockburn, CJ of the House of Lords in R. v. Hicklin stated the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influence and into whose hands a publication of this sort may fall. It is quite certain that it would suggest to the minds of the young of either sex or even to persons or more advanced year, thoughts of a most impure and lubricious character.

Section 293 deals with the sale of obscene books to young people. Section 293 provides for enhanced punishment of simple or rigorous punishment of three years and fine if the circulation of such expression or print of obscene matter is done to young persons who are below the age of 20.

Section 294 deals with obscene acts and songs. To establish conviction under this section following ingredients must be satisfied:

1. The obscene act must be done in a public place or recitation or utterance of song or words in or in the vicinity of a public place
2. Annoyance has been caused as a consequence

does not constitute an act done in private. In the case of Deepa v. SI of Police [1986] Cr LJ 1120 [Ker]] the dance performed by cabaret dancers in a posh hotel was in question. It was held that the performance amounted to obscenity as the dancers showed their private part libidinously and danced to the annoyance of the audience.

The performance cannot be said to have been done in a private enclosure as hotels and restaurants are accessible to the ordinary public.

• Public gambling

Section 294A prohibits the keeping of any lottery office to draw any lottery etc and provides punishment of imprisonment up to six months or fine or both. The lottery is treated on the same footing as gambling because a lottery is a distribution of prizes by lot or chance without the use of any skill as in gambling. The section makes an exception in favour of state-owned or sponsored lotteries.

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