HomeRahul Mookerjee v. NCT of Delhi CRL.M.C. 283 of 2009

 

Facts

The petitioners had got married and went to Dwaraka Complex to get their marriage registered. Since they were told that it would take some time, they decided to wait under the metro pillar. When they were sitting, they took photos of each other and at this moment the police came and told them of being indecent in public. An FIR was filed against them for kissing in public under section 294 IPC.

Issue

Whether the act of kissing in public can be considered as obscene?

Rule

Section 294 IPC.

Analysis

The Court observed that the f.I.R mentioned that due to the act of the petitioners kissing in public, it led to annoyance of passer-bys. However, there is not even a single name given for this reason. Moreover, the court held that on the face of it, the FIR has no scope for the crime of obscenity as the petitioners were newly married and they were just showing their love for each other which is natural.

Held

The FIR was quashed and fine was to be paid to the petitioners by the State.

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