The Position of Obscenity in the 21st Century Indian Legal System

We live in a society where everyday we are required to abide by numerous norms, practices, and mores, which are nothing but the standardization of what is acceptable in the society and what is not. ‘Obscenity’ is anything that leaves an impression, influential enough to shake his entire emotional and psychological make-up. Obscenity, be it in published or physical form, is an offence punishable under the Indian Penal Code and also other legislations like the Information and Technology Act. Since ‘obscenity’ is a vague and subjective term, the question of if obscenity has been committed is decided by the Court on a case by case basis, as there can be no fixed standard for it since social norms and standards are unceasingly dynamic. Acts that were considered obscene a few decades ago would be considered an usual part of life now as the society becomes increasingly accepting towards prospective obscene acts, and these changes in the societal norms have been reflected in court verdicts over the years. This paper aims to present the position of obscenity in India today, through in-depth research of the appropriate provisions of the Indian Penal Code and other legislations, and various verdicts of Indian Courts at different points of time, amidst the rapidly changing cultural and social dynamics of the 21st century.