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RANJIT D. UDESHI vs. STATE OF MAHARASHTRA

SCR Citation: [1965] 1 S.C.R. 65
Year/Volume: 1965/ Volume 1
Date of Judgment: 08 December 1964
Petitioner: RANJIT D. UDESHI
Disposal Nature: Appeal Dismissed
Neutral Citation: 1964 INSC 171
Judgment Delivered by: Hon'ble Mr. Justice M. Hidayatullah
Respondent: STATE OF MAHARASHTRA
Case Type: CRIMINAL APPEAL/178/1962
Order/Judgment: Judgment
1. Headnote

Constitution of India, 1950, Arts. 19(1)(a) and 19(2) - Indian Penal Code, 1860 (Act 45 of 1860), s. 292 - If ultra vires - "Obscene", meaning of - Accused - Knowledge of obscenity - Relevance.

The appellant, a bookseller, sold a copy of the unexpurgated edition of "Lady Chatterley's Lover." He was convicted under s. 292 of the Indian Penal Code. In his appeal to the Supreme Court, he contended that: (i) the section was void because it violated the freedom of speech and expression guaranteed by Art. 19(1)(a) of the Constitution of India; (ii) even if the section was valid, the book was not obscene; and (iii) it must be shown by the prosecution that he sold the book with the intention to corrupt the purchaser, that is to say, that he knew that the book was obscene.

2. Case referred
3. Act
  • Indian Penal Code, 1860 (45 of 1860)
4. Keyword
  • Constitution of India
  • 1950
  • Arts. 19(1)(a) and 19(2)-lndian Penal Code
  • 1860 (Act 45 of 1860): s. 292; Obscenity