THE JHARKHAND STORY DESK
New Delhi, April 6: The Supreme Court has held that merely using abusive or vulgar language, without any sexual or prurient element, does not constitute an offence of obscenity under Section 294 of the Indian Penal Code (IPC).
A bench of Justice P.S. Narasimha and Justice Manoj Misra observed while setting aside the conviction of two persons accused of using the word “bastard” during a heated dispute over family property.
No Sexual Element, No Obscenity
The court noted that the use of such words, by itself, is not enough to arouse “prurient interest,” which is a key requirement to establish obscenity under the law.
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“…mere use of the word ‘bastard’, by itself, is not sufficient to arouse prurient interest… such words are commonly used in the modern era during heated conversations,” the bench observed.
It added that the conviction under Section 294(b) IPC was not sustainable and therefore set it aside.
Reiterates Earlier Judgment
The court relied on its earlier ruling in Apoorva Arora vs State (Govt. of NCT of Delhi), where it clarified that obscenity relates to content that arouses sexual or lustful thoughts.
Reaffirming this position, the bench observed that vulgarity or profanity alone does not amount to obscenity.
“While such language may be distasteful, uncivil, or improper, that by itself is not sufficient to be termed obscene,” the court said.
The ruling provides clarity on the legal distinction between offensive language and criminal obscenity under Indian law.
