High Court of Bombay

Amardeep Singh Chudha v. State of Maharashtra

MANU/MH/0353/2016

10.03.2016

Criminal

Obscene acts in private place not a ‘public offence’

Obscene activities in private place not causing disturbance or disruption to others cannot be taken cognisance of by police under Section 294 of the Indian Penal Code. The court reiterated that Section 294, pertaining to ‘obscene acts and songs’, required the same be performed in a place meant for the public at large - which a locked apartment was not. Though it did not express opinion on the ongoing activity in the flat itself, scantily clad women dancing for a male audience, the court added that music in the flat was not alleged to have caused annoyance to neighbours. The FIR lodged against 13 men was quashed.

Relevant

State of Harayana and others V/s. Ch. Bhajan Lal and Ors. MANU/SC/0115/1992

Tags : obscene act private place cognisance

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