HomeKherode Chandra Roy Chowdhary v. Emperor (1912) ILR 39 Cal 377

Facts

The District Magistrate had convicted the accused for the printing of the book Natu Chori or Theft of tops for the purposes of sale as the book was considered to be obscene. The book involved incidents that described the love story of Radha and Krishna. The description of these incidents were considered to be objectionable on the grounds of it being obscene.

Issue

Whether a religious book can be considered to have the capacity of corrupting young minds?

Rule

Section 292 IPC

Regina v. Hicklin

Analysis

The Court observed that when it comes to a story taken from a religious piece, and the story is not about human beings but divine beings, the obscenity is not to be judged by “the standard of human conduct”. The Court points out that when the story involves divine beings, it cannot raise corrupt thoughts as the divine being is only looked at in a spiritual and pure way. Applying this to the case at hand, the Court holds that  Krishna and Radha are divine beings and the book itself is a religious book.

Conclusion

On the basis of the above analysis, the Court held that the book did not have the capacity to corrupt young minds and thus, it failed the test of obscenity.

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