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Aveek Sarkar and Another v. State of West Bengal and Others

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 902 of 2004)Decided 3 Feb 2014
Criminal Appeal No. 902 of 2004
Justice K.S. Radhakrishnan · Justice A.K. Sikri

Background

An Indian magazine and newspaper reproduced a photograph of tennis player Boris Becker posing with his fiancée in an article opposing racism. A complainant alleged that the partial nudity made the publication obscene and indecently represented women. The editors and publisher challenged the resulting criminal proceedings.

Decision Breakdown

The Supreme Court allowed the appeal and set aside the criminal proceedings. Obscenity had to be assessed using contemporary community standards and the publication's context, rather than isolating nudity from its message. The photograph and article conveyed opposition to racial prejudice and did not tend to corrupt readers or excite sexual passion in the manner prohibited by the relevant laws. The Court held that the Magistrate should have examined that background and the High Court should have intervened to prevent the unwarranted prosecution.

Lesson Learnt

Nudity alone does not make a photograph criminally obscene. Courts must consider its purpose, presentation and surrounding material under contemporary community standards before forcing publishers to face a trial.

Official source (sci.gov.in)View Judgment (PDF)

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