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Supreme Court of India 2024-03-19 allowed

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

Bench: 2 — A.S. Bopanna, Pamidighantam Sri Narasimha

In Brief

The Supreme Court quashed an FIR against the creators and cast of the web-series 'College Romance' for using vulgar expletives and profanities. The case turned on whether such language constituted obscene or sexually explicit material under the Information Technology Act, 2000. The Court held that vulgarity and profanities do not per se amount to obscenity. Obscenity requires material that arouses sexual and lustful thoughts; profane language that evokes disgust or shock does not meet this threshold. The material must be assessed holistically in context, by the standard of an ordinary prudent person—not impressionable minds or hypersensitive viewers. Since the language was used to express emotions like anger in a light-hearted college drama without sexual intent or effect, no offence was made out. The Court found no sexually explicit acts or conduct. Criminalizing content for containing profanities violates freedom of speech and artistic expression.

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Criminal Law Freedom of Expression Obscenity Information Technology Law Indecent Representation of Women Constitutional Law Internet Content Regulation Web Series Free Speech Artistic Freedom

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