Ranjit D. Udeshi v. State of Maharashtra under Section 292 of the Indian Penal Code

Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881.

Ranjit D. Udeshi v. State of Maharashtra (1965 AIR 881, 1965 SCR (1) 65) is a landmark case in Indian constitutional and obscenity law. It is most noted for the application of the Hicklin Test to determine what constitutes obscenity under Indian law.

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📌 Case Overview:

• Facts:
  Ranjit D. Udeshi, a bookseller in Bombay, was prosecuted under Section 292 of the Indian Penal Code for selling an unexpurgated (uncensored) copy of "Lady Chatterley's Lover" by D.H. Lawrence, a novel widely criticized at the time for its sexually explicit content.

• Issue:
  Whether the book amounted to "obscene" material under Section 292 IPC, and whether such a restriction infringed Article 19(1)(a) (Freedom of Speech and Expression) of the Indian Constitution.

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⚖️ The Hicklin Test:

• Originally laid down in Regina v. Hicklin (1868), the Hicklin Test defines obscenity as:

  "Whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall."

• The test focuses on isolated passages and their potential impact on vulnerable audiences, rather than considering the work as a whole.

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🧑‍⚖️ Supreme Court Judgment:

• The Court upheld the conviction and found the book obscene.

• It accepted the Hicklin Test as the valid legal standard in India at the time.

• The Court held that:

  • The right to freedom of speech is not absolute and can be reasonably restricted under Article 19(2) for purposes like decency and morality.

  • While literature and art enjoy protection, obscenity is not protected under Article 19(1)(a).

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📚 Significance:

• Ranjit Udeshi case established the Hicklin Test as the prevailing standard for obscenity in Indian law, lasting until later reforms.

• It represented a strict, moralistic view of obscenity, focusing on potential harm to society rather than literary merit.

• The ruling limited the scope of freedom of expression in the name of public morality.

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🔁 Later Developments:

• The Hicklin Test has since been criticized for being outdated.

• In Aveek Sarkar v. State of West Bengal (2014), the Supreme Court moved away from the Hicklin Test and adopted the "community standards test", aligning more with U.S. jurisprudence (like the Miller Test).

• Sarkar emphasized judging the work as a whole rather than isolated parts.

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📝 Conclusion:

In Ranjit D. Udeshi , the Supreme Court of India firmly entrenched the Hicklin Test as the standard for obscenity, setting a conservative tone in obscenity jurisprudence for decades. However, the approach has evolved since, reflecting modern values of artistic freedom and contemporary community standards.

*This article is for educational purposes and does not constitute legal advice.