Mere use of word 'bastard' without sexual element not obscenity: Supreme Court

NEW DELHI: Referring to the apex court's various judgments defining "obscene" as something which has the potential to appeal to the prurient interest of a person, Supreme Court has said that the mere use of bastard "without a sexual or prurient element" does not constitute an offence of obscenity under IPC Section 294.

"...in our view, mere use of the word 'bastard', by itself, is not sufficient to arouse prurient interest of a person. More so when such words are commonly used in the modern era during heated conversations," a bench of Justices P S Narasimha and Manoj Misra said.

The bench said the words "obscene" and "obscenity" had not been defined under IPC and the court had to take into account SC's judgment on how "obscene" was construed. Referring to an earlier verdict, the top court said obscenity must be judged with regard to contemporary mores and national standards .

"...It is well established from the precedents cited that vulgarity and profanities do not per se amount to obscenity. While a person may find vulgar and expletive-filled language to be distasteful, unpalatable, uncivil, and improper, that by itself is not sufficient to be "obscene". Obscenity relates to material that arouses sexual and lustful thoughts, which is not at all the effect of the abusive language or profanities that have been employed in the episode rather, such language may evoke disgust, revulsion, or shock. ...," the court said, quoting an earlier verdict.
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