The Supreme Court of India has clarified that the use of abusive or vulgar language, no matter how offensive or uncivil, does not by itself constitute the criminal offence of obscenity under Indian penal law. A Bench comprising Justice Sanjay Karol and Justice Vipul M. Pancholi held that for words to attract obscenity provisions, they must be lascivious, appeal to prurient interests, and have a tendency to deprave or corrupt those exposed to them.

Distinction Between Vulgarity and Legal Obscenity

The apex court emphasized that legal obscenity is not synonymous with mere vulgarity, abuse, or profanity. The Bench observed: "Use of mere swear words, profanities and vulgar expletives, however distasteful or uncivil they may be, cannot be equated with obscenity. Words which are merely vulgar or abusive may evoke a feeling of disgust, revulsion or shock, but that by itself does not make them obscene in law."

Mandatory Ingredients under Section 294(b) IPC

Examining the statutory requirements, the Court noted that to prove an offence under Section 294(b) of the Indian Penal Code (IPC), the prosecution must establish two crucial elements:

  • The utterance must meet the legal threshold of being lascivious or appealing to prurient interests.
  • The act or words must cause actual annoyance to others in a public place.

While the Court set aside the appellant's conviction for obscenity and criminal intimidation, it upheld his conviction for causing grievous hurt during the altercation.