{"id":1125,"date":"2026-05-29T05:00:00","date_gmt":"2026-05-28T23:30:00","guid":{"rendered":"https:\/\/bharatlex-rinkutai.com\/?p=1125"},"modified":"2026-05-29T05:38:44","modified_gmt":"2026-05-29T00:08:44","slug":"1-obscenity-defining-indecency","status":"publish","type":"post","link":"https:\/\/bharatlex-rinkutai.com\/?p=1125","title":{"rendered":"1. Obscenity \u2013 Defining Indecency"},"content":{"rendered":"\n

The original purpose of literature is to enrich the human mind, provide entertainment, and guide society in the right direction. However, when literature violates social boundaries, civility, and morality, it is termed ‘obscene’ or ‘indecent’ literature. The entire purpose of this booklet is to discuss digital obscene literature. In the current era, such indecent content has reached every household, and its adverse effects are also visible. The greater the social problem, the more necessary public awareness becomes\u2014that is why this booklet has been written.<\/p>\n\n\n\n

Here, indecent literature primarily refers to writing that lacks artistic value and contains only descriptions of physical lustful desires and stimulating scenes. There is a difference between the presence of ‘Shringara Rasa’ (erotic sentiment) in literature and indecency. When eroticism is replaced by perversion, and human relationships or the body are displayed merely as objects, that literature becomes indecent.<\/p>\n\n\n\n

The intent of such literature is not to provide pure entertainment to the reader or viewer but solely to fuel their distorted emotions. This can have a negative impact on society, especially on the mindset of the younger generation, leading to a corrupted perspective on relationships. In short, literature that leads to intellectual degradation rather than maturity of thought is indecent.<\/p>\n\n\n\n

1.1 Legal Boundaries: Definition of obscenity under Section 294 of the Bharatiya Nyaya Sanhita (BNS).<\/strong><\/p>\n\n\n\n

The Bharatiya Nyaya Sanhita (BNS), 2023, under Section 294, includes strict legal provisions related to obscene literature. This section is similar to the former Section 292 of the Bharatiya Penal Code (IPC). According to this section, selling, hiring, distributing, or publicly exhibiting any obscene book, paper, picture, drawing, or other object is a crime. From a legal perspective, ‘obscene literature’ means material that is lascivious or appeals solely to prurient interest, arousing only physical lustful desires in the mind of the person reading or viewing it. Material that has the potential to corrupt or deprave a person’s morality falls under prohibition by this law.[1]<\/a><\/p>\n\n\n\n

If someone advertises or trades in such material, provisions for imprisonment and fines exist. However, exceptions are provided for material used for scientific, literary, artistic, or religious purposes. Under Section 294 of the Bharatiya Nyaya Sanhita (BNS), 2023, clear punishments are prescribed for those who sell, distribute, or exhibit such obscene material. The nature of punishment under this law depends on the frequency of the offense.<\/p>\n\n\n\n

If a person is found guilty of such a crime for the first time, they may face imprisonment up to two years and a fine up to five thousand rupees. If the same person commits the offense again i.e. second time or thereafter, the punishment becomes stricter. In such cases, the guilty person may face imprisonment up to five years and a fine up to ten thousand rupees. The new law also declares the distribution of obscene material through electronic means a punishable offense.<\/p>\n\n\n\n

1.2 Social Norms: How does society decide what is objectionable?<\/strong><\/p>\n\n\n\n

Social norms change according to time, place, and culture. Certain key factors play a role in determining what is objectionable in society. The first factor is collective morality. Things that the majority in society consider immoral or shameful are deemed objectionable. Family values and social traditions play a significant role in this. If a piece of literature or artwork breaches public decorum, society demands a ban on it.[2]<\/a><\/p>\n\n\n\n

The second important criterion is the ‘perspective of the average person’. To determine whether something is obscene, both law and society view it through the eyes of an ordinary, cultured person. If the sole purpose of the material is to spread lust and it offers no educational or artistic value, it is considered indecent. Whether in Bharat or any other country, and in any era, viewing obscene material corrupts the thinking of the average person. Additionally, society immediately deems objectionable any material likely to negatively affect the mindset of children or the younger generation. In brief, protecting social well-being and moral boundaries is the criterion used when determining any objection.[3]<\/a><\/p>\n\n\n\n

1.3 Lack of Awareness: Why are many Bharatiyas unaware of their digital rights?<\/strong><\/p>\n\n\n\n

In Bharat, the low awareness of digital rights stems from several major social and technical reasons. The primary reason is lack of education and language barriers. Most digital laws and privacy terms are in English, making it difficult for ordinary citizens to properly understand their rights. Moreover, in Bharat, technical literacy outweighs digital literacy, people know how to use the internet, but they lack awareness of its risks and legal rights.[4]<\/a><\/p>\n\n\n\n

The second reason is the social attitude toward privacy. In Bharatiya society, privacy is often given secondary importance compared to personal rights. People readily share personal information with apps because they do not fear its misuse. Finally, the lack of public awareness campaigns by the government and institutions is also a major factor. Cyber laws are not taught in schools or colleges. As a result, many people do not even realize that they are being exploited in the digital world.[5]<\/a><\/p>\n\n\n\n

1.4 Digital vs Physical: Why is defining online obscenity more difficult?<\/strong><\/p>\n\n\n\n

Defining online obscene material is more challenging compared to the physical world. The first reason is the absence of geographical boundaries. Content can be uploaded from anywhere on the internet. What is legal in one country may be illegal in another. Establishing a uniform definition at the global level becomes challenging.[6]<\/a> Yet, a definition of obscene material that promotes lust must be established; otherwise, solutions to this problem will remain elusive.<\/p>\n\n\n\n

The second reason is the nature and speed of content. Vast amounts of information are created every second on the internet, not just text, but videos, photos, memes, and AI-generated content, making it hard to distinguish what is real and what is perverted. Unlike physical literature, immediate control over it is difficult.<\/p>\n\n\n\n

The third reason is the blurred line between private communication and public exhibition. Determining whether material shared in encrypted chats or closed groups constitutes personal freedom or criminality is complicated by privacy rights. Additionally, the distinction between art and obscenity becomes more ambiguous in digital media, making law enforcement complex. Due to these reasons, those posting obscene content often escape punishment.[7]<\/a><\/p>\n\n\n\n

1.5 Global vs Local Conflict: When Western standards clash with Bharatiya values<\/strong><\/p>\n\n\n\n

The conflict between global and local values is a major dilemma in the digital age. In Western countries, freedom of expression and individual choice are given the highest priority. There, the definition of obscenity is often broader, where only explicit violence or non-consensual material is considered criminal. In contrast, Bharatiya society prioritizes collective morality and family culture. Openness in Western content often feels like an attack on social values in India. Due to the internet, Western values have reached Bharatiya households directly, creating a situation of cultural conflict.[8]<\/a><\/p>\n\n\n\n

This conflict is primarily visible in OTT platforms and social media. Global companies broadcast content according to their American or Western policies, but it often feels objectionable to Bharatiya audiences. This is why stricter guidelines are now being introduced for OTT platforms in India.[9]<\/a> This conflict is not merely about content, it is an ideological battle between two different ways of life. Many people argue that solutions cannot be found by repeatedly citing Western policies, but if one searches for research papers on Google on this topic, they are mostly from Western universities, and they clearly state one thing: such material can create psychological disorders.<\/p>\n\n\n\n

\n\n\n\n

[1]<\/a> Parakram Chauhan, \u201cObscenity In India: Tracing Judicial Standards\u201d, Indian Journal of Integrated Research in Law, Volume III Issue IV, ISSN: 2583-0538<\/p>\n\n\n\n

[2]<\/a> Madhav Singh Bisht and Dewansh Bharadwaj, \u201cArt, Expression and Law: When Does Creativity Cross the Line into Obscenity\u201d Legal Bites Dt. 24.3.2025 available on https:\/\/www.legalbites.in\/topics\/articles\/art-expression-and-law-when-does-creativity-cross-the-line-into-obscenity-1124619, Last Visited on 1.12.2025<\/p>\n\n\n\n

[3]<\/a> Aishwarya Agrawal, \u201cLaw of Obscenity in India\u201d, Law Bhoomi, Dt. 21.3.2025, available on https:\/\/lawbhoomi.com\/law-of-obscenity-in-india\/, Last Visited on. 1.12.2025<\/p>\n\n\n\n

[4]<\/a> Achmad Tavip Junaedia, Harry Patuan Panjaitana, Indri Yovitab, Kristy Veronicaa, Nicholas Renaldoc, Jahrizal Jahrizalb, \u201cAdvancing Digital and Technology Literacy through Qualitative Studies to Bridging the Skills Gap in the Digital Age\u201d Journal of Applied Business and Technology, (JABT) 2024: 5(2), 123-133 Dt. 31.5.2024<\/p>\n\n\n\n

[5]<\/a> Saatvika Radhakrishna, \u201cCyberbullying in India grows as schools, platforms, and the law fail to protect children\u201d, Frontline Dt. 8.8.2025, available at https:\/\/frontline.thehindu.com\/social-issues\/cyberbullying-teenagers-india-law-mental-health-ugc-social-media\/article69905344.ece, Last Visited on. 1.12.2025<\/p>\n\n\n\n

[6]<\/a> \u201cContent on Internet must be uploaded with great caution, says Delhi HC\u201d, The Hindu, Dt. 11.10.2025, available at https:\/\/www.thehindu.com\/news\/cities\/Delhi\/content-on-internet-must-be-uploaded-with-great-caution-says-delhi-hc\/article70148303.ece, Last Visited on. 1.12.2025<\/p>\n\n\n\n

[7]<\/a> Mugdha Dwivedi, Aditya Pranav Dwivedi, \u201cObscenity and the Legal Ambiguity in India: A Critical Analysis\u201d, International Journal for Multidisciplinary Research (IJFMR) E-ISSN: 2582-2160<\/p>\n\n\n\n

[8]<\/a> Sarthak Shukla, \u201cEmbracing globalisation or losing identity? The impact of westernisation on Indian Youth\u201d Organiser, Dt. 9.12.2024, https:\/\/organiser.org\/2024\/12\/09\/268540\/bharat\/embracing-globalisation-or-losing-identity-the-impact-of-westernisation-on-indian-youth\/, Last visited on 1.12.2025<\/p>\n\n\n\n

[9]<\/a> \u201cGovt Reaffirms Commitment to Creative Freedom, Enforces OTT Oversight via IT Rules, 2021; Three-Tier Grievance Redressal Mechanism in Place to Regulate OTT Content\u201d, PIB, Dt. 6.8.2025, available at: https:\/\/www.pib.gov.in\/PressReleasePage.aspx?PRID=2152954&reg=3&lang=2, Last visited on 1.12.2025<\/p>\n\n\n\n

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<\/p>\n","protected":false},"excerpt":{"rendered":"

Here, indecent literature primarily refers to writing that lacks artistic value and contains only descriptions of physical lustful desires and stimulating scenes. There is a difference between the presence of ‘Shringara Rasa’ (erotic sentiment) in literature and indecency. 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