Penal Code, 1860: ss. 292, 499, 500, 505, 509 -
C Defamation, obscenity, indecent representation of women, and incitement - A survey conducted by a news magazine on the subject of sexual habits of people residing in bigger cities of India. The magazine gathered and published views expressed by several individuals, as well as by the appellant. Appellant D expressed her opinion regarding the increasing incidence of pre-marital sex, especially in the context of live-in relationships, and the need for societal acceptance. Numerous criminal complaints were filed in several places against the appellant under IPC and the Indecent Representation of Women (Prohibition) Act, 1986, alleging that the appellant's remarks amounted to defamation, obscenity, indecent representation of women, and would have the effect of misguiding young people by encouraging them to indulge in premarital sex. The High Court refused to quash the proceedings but transferred them to one place.

On appeal, it was held: The criminal complaints are not maintainable. Mere reference to sex cannot be considered obscene; thus, s. 292 IPC is not applicable. At no point did the appellant say anything that could arouse sexual desires in the mind of a reasonable and prudent person. There was neither any intent on the part of the appellant to cause harm to the reputation of the complainants, nor was there any actual harm done to their reputation. Her statement was a rather general endorsement of pre-marital sex, and her remarks were not directed at any individual or even at a company, association, or collection of persons. Thus, the appellant's views cannot be construed as an attack on the reputation of anyone in particular. The offence of defamation is not made out - s. 509 IPC is also not applicable, as the complainants' grievance was with the publication of what the appellant had stated in a written form and not by spoken words, gesture, or physical act. Indecent Representation of Women (Prohibition) Act, 1986 - ss. 4 and 6 - Code of Criminal Procedure, 1973 - s. 482 - Constitution of India, 1950 - Art. 19(1)(a).

Code of Criminal Procedure, 1973: s. 199 - Prosecution for defamation - The appellant's statement, published in the news magazine regarding the increasing incidence of pre-marital sex, especially in the context of live-in relationships - Complaint of defamation by persons associated with a political party active in the State of Tamil Nadu, alleging that the remarks of the appellant caused mental harassment to a large section of women - Maintainability of - Held: Not maintainable. In respect of the offence of defamation, s. 199 mandates that the Magistrate can take cognizance of the offence only upon receiving a complaint by a person who is aggrieved. Complainants cannot be properly described as “persons aggrieved” within the meaning of s. 199(1)(b). There was no specific legal injury caused to any of the complainants since the appellant's remarks were not directed at any individual or a readily identifiable group of people. - Penal Code, 1860 - s. 499.

Indecent Representation of Women (Prohibition) Act, 1986: ss. 4 and 6 - Applicability of the Act - The appellant's statement published in the news magazine regarding the increasing incidence of pre-marital sex, especially in the context of live-in relationships and the need for societal acceptance - Complaint under the Act against the appellant alleging commission of offences of obscenity, indecent representation of women, and incitement - Held: The 1986 Act was enacted to punish publishers and advertisers who knowingly disseminate materials that portray women in an indecent manner - Not applicable to the appellant, as she can neither be described as an “advertiser” nor “publisher” by any means. - Penal Code, 1860 - s. 499.

Administration of criminal justice: When the criminal law machinery is set in motion, the superior courts should not mechanically use either their inherent powers or writ jurisdiction to intervene with the process of investigation and trial. However, such forms of judicial review can be exercised to prevent a miscarriage of justice or to correct some grave errors that might have been committed by the subordinate courts.

Constitution of India, 1950: Art. 19(1)(a) - Right to freedom of speech and expression - Free flow of opinions and ideas is essential to sustain the collective life of the citizenry. Dissemination of news and views for popular consumption is permissible under the constitutional scheme. Different views are allowed to be expressed by the proponents and opponents. A culture of responsible reading is to be inculcated among prudent readers. Morality and criminality are far from being co-extensive. An expression of opinion in favor of non-dogmatic and non-conventional morality has to be tolerated, as the same cannot be a ground to penalize the author. The criminal law machinery should not be set into motion merely for expressing unpopular views.

Media: Role and responsibility of - Electronic and news media need to play a positive role in presenting to the general public what actually transpires during the course of the hearing. It should not be published in such a manner as to get unnecessary publicity for its own paper or news channel. Such a tendency, which is indeed growing fast, should be stopped.

Words and phrases: "Offence" - Meaning of - In the context of ss. 40, 41, and 42 IPC, s. 2(n) Cr.P.C., and s. 3(38) of the General Clauses Act, 1897.
"Person aggrieved" - Meaning of - In the context of s. 199(1)(b) of the Code of Criminal Procedure, 1973.

In 2005, 'India Today', a news magazine, conducted a survey on the subject of sexual habits of people residing in bigger cities of India. The magazine published the views expressed by several individuals, including that of the appellant, regarding the increasing incidence of pre-marital sex, especially in the context of live-in relationships. Subsequently, another news magazine, 'Dhina Thanthi', also reported the statement of the appellant purportedly in a distorted manner. The publication of these statements triggered criticism from various quarters and organizations, resulting in several criminal complaints against the appellant under Sections 499, 500, and 505 IPC and Sections 4 and 6 of the Indecent Representation of Women (Prohibition) Act, 1986.

The appellant approached the High Court under Section 482 Cr.P.C. for quashing the complaint. The High Court noted that two questions of fact were involved in the case: i.e., whether the appellant could claim any of the recognized defenses against the allegations of having committed defamation, as contemplated by Section 499 IPC, and whether the complainants could at all be described as "aggrieved persons" within the meaning of Section 199 Cr.P.C., since that was linked to the question of whether the complaints were made in a bona fide manner. The High Court dismissed the petition, leaving both questions for consideration by the trial court. However, the High Court directed a consolidated trial of the complaints in one place. Hence, the appeals.