National Law Institute University, Bhopal

Project on
OBSCENITY AND INDIAN LAWS
Submitted To:
Miss. Divya Salim
(Law of Crimes In India)
Submitted By:
Mayur Choudhary
2016 LL.M. 09

Contents
ACKNOWLEDGEMENTS ....................................................................................................................................... 3
Introduction............................................................................................................................................ 5
What is Obscenity?............................................................................................................................. 6
Judicial Approach on Obscenity ................................................................................................. 8
Other Definitions ............................................................................................................................... 10
Cyber Obscenity and Information Technology Act, 2008 ............................................ 13
Depiction of Women over Cyberspace ................................................................................... 16
Conclusions .......................................................................................................................................... 17
References ............................................................................................................................................ 19

ACKNOWLEDGEMENTS
At the outset, I would like to express my heartfelt gratitude and thank my teacher, Miss Divya Salim for
putting her trust in me and giving me a project topic such as this and for having the faith in me to
deliver. I want to thank her for providing me with an opportunity to understand and learn something
new which further enhances my understanding of the concepts of criminal law.
My gratitude also goes out to the staff and administration of NLIU for the infrastructure in the form of
our Library and Computer Lab that was a source of great help for the completion of this project.
Mayur Choudhary
Roll Number-2016 LLM 09

Statement of Problem:
Obscenity is tangled in the web of morality hence; it becomes very difficult to define the term
obscenity and thereby to regulate it. The Present problem is to identify a definition of obscenity
that preserves the power of legislature to regulate the worst forms of cyber obscenity for public
welfare, and yet does not deter freedom of speech and expression.

Hypothesis:
Obscenity laws differ from country to country as it is interlinked from local morality therefore it
is not possible to give a straightjacket definition.

Objectives:
1. To understand the definition of Obscenity
2. To identify online and offline obscenity
3. Challenges and Issues posed by Cyber Obscenity

Introduction
The concept of obscenity differs from nation to nation. It depends on the cultural values and
moral standards that have shaped the history and society of the country. Typically, obscenity is
usually analyzed in the backdrop of sexual conduct. Indian law on obscenity is defined under the
Indian Penal Code.
There is no settled definition of obscenity. What is considered simply sexually explicit but not
obscene in western countries may well be considered obscene in India. Although the word
obscene is not defined in the Indian Penal Code as it simply talks about selling of obscene
material, distribution, etc., the court have had an occasion to distinguish obscenity from art and
literature that contains sex and nudity by stating that it is necessary to decide whether the
obscene information is lascivious and may deprave minds who find pleasure in such things.
This is about general obscenity. The problem is graver when we talk about cyber obscenity. For
that matter we need to see firstly what does mean by obscenity off-line. Off-line obscenity
covers generally, language, literature or representation dealing with erotic, pornographic and
sexually perverted subjects. But the obscenity of any matter lies in its effect on the mind of the
reader or viewer more than in any definable quality of the matter itself.
It is difficult, if not impossible, to define the word obscene satisfactorily, whether off-line or
on-line and to fix the person by whom and the standard by which the obscenity or otherwise of a
matter is to be judged.
The word obscene has not been defined specifically by any law or legislation, so the question
or an issue of recognizing obscenity must, therefore, be decided with reference to legal provision
& case law. Although the word obscene is not defined in the Indian Penal Code (as it simply
makes certain acts1 as an offence), the judiciary have had an occasion to distinguish obscenity

Section 292 (2); Whoever(a)sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale,
hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book,
pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
(b)imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason
to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into
circulation, or

from art and literature that contains sex and nudity by stating that it is necessary to decide
whether the obscene information is lascivious and may deprave minds who find pleasure in such
things. Supreme Court of India, in the case of K. Abbas v. The Union of India & another2 made
a distinction between Sex and obscenity and has observed that, it would be wrong to
perceive nudity & sex as essentially obscene, indecent or immoral. Sex & obscenity are not
always synonymous.
This approach of Supreme Court has thrown some light on the definition of what amounts to
obscene work so far as restriction or regulation thereof is concerned. Obscene word is generally
used in relation to a work, if it is lascivious or appeals to the prurient interest or if its effect, or
(where it comprises two or more distinct items) the effect of any one of its items, is. if taken as a
whole, such as to tend to deprave and corrupt person, who are likely, having regard to all
relevant circumstances, to read, see or hear the matter contained or embodied in it. 3

What is Obscenity?
Before discussing the core tests laid down by the courts as to what amounts to obscenity, it
necessary to see and study literal meaning of term obscenity as given in various dictionaries
and other sources explaining or referring the term.
Oxford Dictionary4 defines term obscenity as a state or quality of being obscene, an
extremely offensive word or expression. Further it defines obscene word as of the portrayal
or description of sexual matters offensive or disgusting by accepted standards of morality and
decency.

(c)takes part in or receives profits from any business in the course of which he knows or has reason to believe that
any such obscene objects are for any of the purposes aforesaid, made, produced, purchased, kept, imported,
exported, conveyed, publicly exhibited or in any manner put into circulation, or
(d)advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any
act which is an offence under this section, or that any such obscene object can be procured from or through any
person, or
(e)offers or attempts to do any act which is an offence under this section.
2
AIR 1971 SC 51
3
Sec. 292 (1), IPC
4
Retrieved from http://www.oxforddictionaries.com/definition/english/obscenity, on November 8, 2016.

Macmillan Dictionary5 defines word obscene as Offensive in a sexual way and so unfair or
immoral that you feel angry.
Section 292 of IPC:
a book, pamphlet, paper, writing, drawing, painting, representation, figure or
any other object, shall be deemed to be obscene if it is lascivious or appeals to the
prurient interest or if its effect, or (where it comprises two or more distinct items)
the effect of any one of its items, is. if taken as a whole, such as to tend to deprave
and corrupt person, who are likely, having regard to all relevant circumstances,
to read, see or hear the matter contained or embodied in it. 6
Section 67 of IT Act, 2000:
any material7 which is lascivious or appeals to the prurient interest or if its
effect is such as to tend to deprave and corrupt persons who are likely, having regard to
all relevant circumstances, to read, see or hear the matter contained or embodied in it.
Indecent Representation of Women (Prohibition) Act, 1986 which defines indecent
representation as:
"Indecent representation of women" means the depiction in any manner of the
figure of a woman, her form or body or any part thereof in such a way as to have
the effect of being indecent, or derogatory to, or denigrating, women, or is likely
to deprave, corrupt or injure the public morality or morals 8.
This legislation too, provides some guidelines on the equal footings of IPC & IT Act so far as
curbing menace of obscenity. Indecent Representation of Women (Prohibition) Act, 1986
prohibits depiction of certain things in relation to women, her body or her form or any part
thereof. The criterion to identify indecent representation is:
effect of being indecent, or derogatory to, or denigrating, women, or is likely
to deprave, corrupt or injure the public morality or morals.
5

Retrieved from http://www.macmillandictionary.com/dictionary/british/obscene, on November 8, 2016.

Sub-section (1) of IPC, 1860
7
In electronic form
8
Section 2 (c) of Indecent Representation of Women (Prohibition) Act, 1986.
6

Aforementioned provisions & criterion provided therein are the guidelines given by legislature to
judiciary and to enforcement machinery to identify and prohibit obscenity, online or offline.
What is lacking is uniformity & common definition in order to recognize what amounts to an
obscene content or obscene work or obscene material in a given case.

Judicial Approach on Obscenity

Indian Courts have started discussing this very issue with the help of various judgments
delivered in relation to obscenity. In a landmark judgment, decided by Bombay High Court in
Ranjit Udeshi and Ors. Vs. The State9 has extensively discussed this issue and laid down a test
to identify which material or work or content shall amount to obscene one. Before knowing or
discussing what has been pronounced with respect to the obscene or objectionable content, it is
pertinent to discuss about what has happened in the case and what was sought to be produced as
objectionable content.
In this case the petitioner and three others, who were partners of a bookstall known as the
Happy Book Stall situated at Mumbai, have been booked under Section 292 of IPC, in that
they sold and were found in possession, for the sale of copies of a highly controversial novel
Lady Chatterleys Lover by D.H. Lawrence which was alleged to be obscene. Trial Court
convicted person of the charges under Section 292 of IPC.
Court held:
that the test of obscenity to adopt in India is that obscenity without a
preponderating social purpose or profit cant have the constitutional protection of
free speech and expression and obscenity in treating sex in a manner appealing to
the carnal side of human nature or having that tendency. The obscene matter in a
book must be considered by itself and separately to find out whether it is so gross
and its obscenity so decided that it is likely to deprave and corrupt those whose
minds are open to influences of this sort and into whose hands the book is likely to
fall. In this connection the interests of our contemporary society and particularly
the influence of the book on it must not be overlooked.18 It further interpreted

AIR 1962 Bom 268

the word obscene as that, which is offensive to modesty or decency, lewd,

filthy and repulsive.
Again Supreme Court, further articulated on the test for obscenity, in Chandrakant Kalyandas
Kakodkar Vs. State of Maharashtra10 held:
What is obscenity has not been defined either in section 292 of IPC or in any of
the statutes prohibiting and penalizing, mailing importing, exporting, publishing
and selling of obscene matters. It is the duty of court to consider the obscene
passages are so likely to deprave and corrupt those whose minds are open to
influences of this sort and into whose hands the book is likely to fall and in doing
so one must not overlook the influence of the book on the social morality of our
contemporary society.
These observations made by court seems pertinent in the wake of absence of definition of
obscenity as court has specifically mentioned the same concerned has laid down the criteria as to
how to adjudge obscenity in a given work or document.
Moreover, Supreme Court in Samaresh Bose Vs. Amal Mitra11 has wisely laid down a test to
adjudge obscenity in following words:
The concept of obscenity would differ from country to country depending on the
standards of morals of contemporary society.
Recognizing loopholes in the likely audience test laid down in Chandra Kant Kalyan case, the
issue of Cyber obscenity was recently considered by Supreme Court in Ajay Goswami Vs. Union
of India12 court opined that earlier test of a community based standard has become redundant
in the present Information Technology age and has held that prohibition on selling or publishing
obscene material is a reasonable restriction imposed on the freedom of speech and expression
provided under Article 19 of the Constitution of India. This has evolved a Responsible Reader
Test. This view was appreciated and recognized as the best one by the legal luminaries in the
area of Cyber and Criminal law, since the approach of court in this case was logical as internet

10

AIR 1970 SC 1390

(1985) 4 SCC 249
12
(2007) 1 SCC 143
11

has diminished all geographical boundaries and community standards are rapidly becoming
global rather than territory specific.
Further in the same case court differentiated between vulgarity and obscenity: as a vulgar
writing is not necessarily obscene. Vulgarity arouses a feeling of disgust and revulsion and also
boredom but does not have the effect of depraving, debasing and corrupting the morals of any
reader of the novel, whereas obscenity has the tendency to deprave and corrupt those whose
minds are open to such immoral influences.
As mentioned earlier, Information Technology Act, 2000 and amended version of the Act 13 has
not mentioned or described or laid down the definition of the term cyber obscenity or for that
matter, what amounts to electronic obscenity. IT Act simply made certain acts 14 as an offence in
relation to electronic obscenity. This has indeed created confusion, by not defining the term, in
relation to which certain acts are prohibited. A provision or an Act may not serve the purpose in
case it is silent on the things in respect of which certain acts are made offence. Provision must be
clear and unambiguous and it must not give rise to several interpretations and possibilities.

Other Definitions
Rohas Nagpal15 has meticulously explained this very act/term of Cyber obscenity by providing
some illustrations. It is mentioned by him that, there is specific definition of obscenity or of
pornography and what is considered simply sexually explicit but not obscene in USA may well
be considered obscene in India. Pornography on internet is available in different formats, which
ranges from pictures and short animated movies, to sound files and stories. The Internet also
makes it possible to discuss sex, see live sex acts, and arrange sexual activities from computer
screens.
In R. vs. Hicklin16 court supplied with test of obscenity. It has provided by Lord Cockburn that:

13

Information Technology (Amendment) Act, 2008

Section 67, 67A, 67B of IT Act, 2008
15
ROHAS NAGPAL, COMMENTARY ON INFORMATION TECHNOLOGY ACT ( 273 & 274)
16
1868 LR 3 QB 360,371
14

10

Whether the tendency of the material charged as obscene is to deprave &

corrupt those whose minds are open to such immoral influences and into whose
hands a publication of this sort may fall
This Hicklins test identifies the danger of prurient literature that it would suggest to the minds of
the young of either sex, and even persons of more advanced years, thoughts of a most impure
and libidinous character.
Under the statute in England, i.e. Obscene Publications Act, 1959, matter is deemed obscene, if,
in its effect, it is such as to tend to deprave or corrupt persons who are likely, having regard to all
relevant circumstances, to read, see or hear the matter contained or embodied in it.
U.S. Supreme Court in Miller vs. California17 set out a test for obscenity, which deems a work
obscene if:
a) The average person, applying contemporary community standards would find that the
work, taken as a whole, appeals to the prurient interest.
b) The work depicts or describes, in a patently offensive way, according to contemporary
community standards, sexual conduct specifically defined by the applicable state law, and
c) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
In this, words like prurient interest, patently offensive, contemporary community
standards are necessary to see in deeming a work (off-line or on-line), which lacks serious
literary, artistic, political or scientific value, as obscene.
This observation reflects Hard-core pornography i.e. limited to offensive and prurient
depictions of hard-core sexual conduct. The hard-core pornography is generally understood to
include explicit depictions of; Actual sexual intercourse, Masturbation, Similar but ultimate
sexual acts for prurient appeal; which is opposed to mere: Nudity, Indecency or Implied sexual
acts that are common in Soft-core pornography.
Here, in the context of India, even soft-core pornography taken to mean as an obscene by the
people, as we are very conscious when it comes to morality, decency, culture, ideology and
religious practices.
17

413 US 15 1973

11

Moreover, one thing can be revealed by a close analysis of these observations that: the elements
of prurient interest & patent offensive are judged by contemporary community standards
are matters over here. In the context of this it is worth to mention over here that Indian
community standards are very prone to the conclusion of terming any work as an obscene, by
overlooking the substance of the work.
In the context of India, in identifying particular work as obscene in the absence of concrete Law,
Judiciary is relying on the rulings of Ranjit Udeshi vs State of Maharashtra18 where it is
observe that: where the art and obscenity are mixed, art must be so preponderant as to throw the
obscenity into a shadow or the obscenity so trivial and insignificant that it can have not effect
and may be overlooked.
At the same time it upheld the constitutionality of Section 292 of IPC holding that it constituted a
reasonable restriction on freedom of speech and expression under Article 19(2) of the
Constitution of India.
In the case of Samaresh Bose vs. Amal Mitra19 Supreme Court laid down likely-audience test
in judging the question of obscenity:
Judges should try:

To place himself in position of author and try to understand what is it that he (author)
seeks to convey.

Then in the position of a reader of every age group in whose hand it is likely to fall and
should try to appreciate what kind of possible influence the book is likely to have in the
minds of the reader.

Apply his judicial mind to decide whether the book in question can be said to be
obscene.20

It may be interesting to note that Supreme Court after this observation i.e. likely-audience test,
set a new trend of tests of identifying and regulating obscenity, which is a departure of the hardcore pornography and most vulnerable person test of Hicklin.
18

1965 1 SCR 65 SC
AIR 1986 SC 967
20
RATANLAL & DHIRAJLAL, INDIAN PENAL CODE 429, (23rd ed. 2005).
19

12

In a recent ruling of Aveek Sarkar Vs. State of West Bengal and Ors21, honble Supreme Court
of India has declined to accept hicklins test which was further followed by Indian judiciary in
series of subsequent case as discussed above and held that:
A picture of a nude/seminude woman, as such, cannot per se be called obscene
unless it has the tendency to arouse feeling or revealing an overt sexual
desire...Only those sex-related materials which have a tendency of exciting
lustful thoughts can be held to be obscene, but the obscenity has to be judged
from the point of view of an average person, by applying contemporary
community standards.
What I believe is, providing any specific definition prescribing what amounts to obscenity,
would be difficult, though a general description of which is possible. A straight jacket formula
prescribing what amounts to obscenity, as expressed by honble Supreme Court of India in
above-mentioned decision, may offend Article 19 (1) (g) and freedom guaranteed therein.

Cyber Obscenity and Information Technology Act,

2008
A plain reading of the relevant section of IT Act reveals that obscenity on internet or in
electronic form includes:

acts which publishes transmits, causes to be published

any material, video files, audio files, text files, images, animations and even CDs, Web
sites, Computer, Cell Phones etc.

which is lascivious, appeals to prurient interest, and tends to deprave or corrupt of minds
of the persons.

IT Act after certain amendments in 2008 covers all aspects of offences related to cyber
obscenity and provides punishment for:

21

Violation of privacy (coupled with cyber obscenity)

Publishing or Transmitting obscene material in electronic form

AIR 2014 SC 1495

13

Publishing or transmitting of material containing sexually explicit act, etc. in electronic

form (Section 67 A)

Child pornography (Section 67 B).

Section 67: Obscenity in electronic form with respect to any material, or object
Element of offence: Mere publication of any material amounts to impugned act under this
provision. Publication here stands for making available to the public at large in the specified
modes as envisaged by Information Technology Act. Publication as defined by the Whartons
Law Lexicon22 , is the act of publishing anything offering it to the public notice, or rending it
accessible to public scrutiny. The word publish has not been defined under the Act. However,
the Supreme Court held in the case of Bennett Coleman & Co. v. Union of India23 that publish
means dissemination and circulation.
In the context of Information Technology Act, this does mean making available to the public at
large through certain specified mediums in virtual world driven by internet. Those could be:

Social Networking sites;

Emails or email services;

Blogs

Websites or contents on website.

These are the major areas with the help of which or through which obscene content can be
published.
Wrong or act: Transmission, Publication or causes to be transmitted or published
Condition: Impugned object or material must be obscene or must qualify test of being termed as
obscene one.
Wrong/s or act/s prohibited: Publication or transmission or causing to publish or transmit in
electronic form any material which contains sexually explicit act or conduct.
Condition: Any material (in electronic form) must be sexually explicit act or conduct.

22
23

Universal Law Publishing Co., 15th Ed., 2009, at page1394

AIR 1986 Bom 321

14

Punishment: Under this provision if any person found to be guilty, then he/she shall be punished
on first conviction with imprisonment of either description for a term which may extent to 5
years and with fine which may extend to 10 lakh rupees and in the event of second or subsequent
conviction with imprisonment of either description for a term which may extend to seven years
and also with fine which may extend to 10 lakh rupees.
Section 67 B: Material depicting children in sexually explicit act, etc.
Element of an offence: Mere publication or transmission along with strict liability for certain acts
prescribed by the provision.
Wrong/s or act/s prohibited:

Publication or transmission or causing to publish or transmit in electronic form any

material which depict children engaged in sexually explicit act or conduct.

Creation of any text or digital images of in electronic form depicting children in obscene
or indecent or sexually explicit manner;

Whoever collects or seeks or browses, downloads, advertises, promotes, exchanges or

distributes material in electronic form depicting children in obscene or indecent or
sexually explicit manner;

Whoever cultivates, entices or induces children to online relationship with one or more
children for and on sexually explicit act or in a manner that may offend a reasonable adult
on the computer resource;

Whoever facilitates abusing children online,

Whoever records in any electronic form own abuse or that of others pertaining to sexually
explicit act with children.

In the context of I.T. Act, 2000, there have been famous trials and prosecutions before the court
of law, and courts have had an occasion to deal with the aspects of cyber obscenity in order to
widen its ambit. In the judgment delivered in Avinash Bajaj vs. State of Delhi24 the Delhi High
court had an occasion to deal with an MMS clip which was listed on Bazee.com for sale through
the website. The question in this case, for the purpose of Section 67, was, whether the website
caused the publication of obscene material. There was a difficulty to book accused under IPC
24

2005 DRJ 576

15

since Section 292 does not deal with the electronic obscenity. Delhi High Court finally, ordered
that while the case against the petitioner for the offences under Sections 292 and 294 IPC maybe
quashed, his prosecution for the offence under Section 67 read with Section 85, IT Act will
continue. Held in this case that impugned website has prima facie caused publication of obscene
material. Moreover, in M. Saravanan & Dr. L. Prakash & Ors. V. State 25, a doctor
photographed and video recorded several women engaging in obscene activities that he
distributed through internet to make illegal money and the petitioner was prosecuted under
Section 67 of I.T. Act, 2000.
Code of cyber obscenity reflected under Section 67 and in the subsequent amended provisions
contains two crucial words: publication & transmission of obscene information or material
in electronic form. These two words has to be looked from the perspective of extra-territorial
jurisdiction and Internet technologies, keeping in view that obscenity is no longer a local and
static phenomenon and that while interpreting Section 67, the court also has to take in to
consideration the interest of our contemporary society and particularly the influence of the
obscene material in electronic form on it. Any particular work in the form of obscene material
containing special skills should not be misjudged under the guise of contemporary standards so
that discourse in art, labor and skilled work is not discouraged. A proper balance has to be made
out in identifying an electronic obscenity.

Depiction of Women over Cyberspace

Talking about Indecent Representation of Women Act, 1986, keeping in mind the Indian socialset up, the Act seeks to regulate the depiction of women in various sectors of the mass media in
present day India. The Act prohibits publishing, causing to be published, or arranging or
participating in the publication or exhibition of, any advertisement which contains indecent
representation of women in any manner whatsoever, according to Section 3. In addition to that,
the Act also prohibits the publication or sending by post of books, pamphlets, papers, slides,
films, writing, drawings, paintings, photographs or any other medium of representation that
contain indecent representation of women. Section 2 (c) of the Act defines indecent
representation as;
25

MANU/TN/8296/2006

16

"indecent representation of women" means the depiction in any manner of the

figure of a woman; her form or body or any part thereof in such way as to have
the effect of being indecent, or derogatory to, or denigrating women, or is likely
to deprave, corrupt or injure the public morality or morals
This Act prohibits 61 publication or sending by post of book, pamphlet, paper, slide, film,
writing, drawing, painting, photograph, representation or figure. Although the definition of
Indecent Representation includes the words in any manner and in such a way is used, yet
by virtue of prohibitory provision under section 4 of the same Act, Online indecent
representation dose not find its place in the Act.
But the present legislation, like Section 292 of IPC, is insufficient to deal with obscenity and in
particular indecent representation of women on internet or in electronic form.

Conclusions
The word obscene is very wide term and whatever is vulgar and indecent should not be
construed as such. This is also a global and dynamic phenomenon and can no longer become
local and static phenomenon.
The Supreme Court by striking down the Hicklin test and upholding the more adaptive
Community Standards test has done an admirable job. If the society accepts the portrayal of
sexual activities on the silver screen, the court must not strike it down for the sake of a few
sensitive persons. If it is acceptable to the society in general, the court must accept it too.
Materials may have sometimes have content which is not acceptable to the society, like frontal
female nudity is not acceptable in India but it is acceptable in United States of America and
United Kingdom. In such scenarios, one needs to look into the bigger picture, the message being
conveyed through the otherwise obscene material. The message should be beneficial and helpful
to the society. People should have the freedom to send a message to the society through
images/films/paintings/writings which if seen in isolation would be considered obscene or
lascivious. It is important to see the full picture instead of squinting our eyes at certain sexually
explicit scenes. The Court was justified in upholding the rights of the creators in Aveek Sarkar
and Bobby International case.

17

The World Wide Web and Internet is very complex network and is vulnerable to several illegal
activities. It is a strong medium of doing illegal activities especially cyber pornography, as
Internet is very prone to porn. In the wake different electronic instruments having potential to
be used as Computer and are getting connected to such a complex network, it is posing more
threats and challenges before the Law to deal with all such electronic instruments and in a real
sense it is the test of the Law to lay down a test, to decide obscenity on internet or in electronic
form.
The IRW 64 Act, 1986, the provisions of IPC, 1860 are unable to deal with cyber obscenity and
at the same time Indian IT Act of 2008 also getting it difficult to identify and curb the obscenity
on Internet by considering the very complex nature of Internet and activities on it. The
legislators, while formulating Law of Obscenity (on web) and the Judiciary while interpreting
the code of Online-obscenity has to take into consideration the traditional test of obscenity i.e.
contemporary community standards. Recognition of obscenity in a so-called obscene material
should not be at the cost of the art, literature and freedom of speech and expression unless and
until it is required by reasonable restrictions under Article 19(2) of the Indian Constitution.
Blocking websites, regulating and providing checks & guidelines for intermediaries, (including
Internet Service Providers, Search Engines, Cyber Cafes or any other person or authority)
preventing the publication of or propagation of pornography from certain forums would be the
viable option to regulate the same.

18

References
Books Referred

RATANLAL & DHIRAJLAL, INDIAN PENAL CODE 429, (23rd ed. 2005).
ROHAS NAGPAL, COMMENTARY ON INFORMATION TECHNOLOGY ACT, (2 nd
ed. 2009)
PILLAI P.S.A., CRIMINAL LAW, LEXIS NEXIS ( 11TH ED, 2012)

19