Indian Court Speeds Obscenity Trials

NEW DELHI — An Indian judge has ruled that obscenity charges may be prosecuted without requiring the court to actually review the materials in question.

The case stems from allegations by a local cyber cafe owner that Mayur Vihar resident Sanjay Gupta was playing a pornographic CD, potentially within view of other patrons.

The court ruled that the magistrate was not required to view the CD in order to verify its contents as being "obscene" as a prerequisite for proceeding with the obscenity charges against the defendant.

Gupta challenged the order, claiming that the magistrate was wrong for proceeding with charges against him without knowing what was actually contained on the CD he was charged with viewing at the time of his arrest — allegedly the only incriminating evidence against him.

Gupta also insisted that even if the CD in his possession was considered by the court to be obscene, it wasn't intended or displayed as a public exhibition.

Additional Sessions Judge A.K. Chawla dismissed Gupta's petition, claiming that the court was not required to watch the CD before preferring charges against the accused.

"There are specific allegations of the CD containing obscene material," Chawla said. "When this is so, it is not necessarily required that the trial court should have got the CD run and then come to the prima facie conclusion of the same containing obscene material."

Witness statements and the CD that police said was confiscated at the scene form the basis of evidence against Gupta.

Gupta faces charges under Section 292 of the IPC, which prohibits the possession or public exhibition of obscene material. The charges carry a maximum sentence of two years in jail.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Sansyl Group Acquires Blue Donkey Media

Sansyl Group, parent company of AdultPrime Network, has acquired Blue Donkey Media B.V., owner of Dutch adult site Meiden van Holland, among several other erotic websites and television channels.

Pineapple Support to Hold Mental Health Summit

The annual Pineapple Support Mental Health Summit is taking place Dec. 15-17.

Ofcom Fines AVS Group $1.3 Million for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed a penalty of one million pounds, or approximately $1.3 million, on AVS Group Ltd. after an investigation concluded that the company had failed to implement robust age checks on 18 adult websites.

Updated: Aylo to Help Test EU Age Verification App

Pornhub parent company Aylo plans to participate in the European Commission’s pilot program for its “white label” age verification app, a spokesperson for the company has confirmed.

Missouri Lawmaker Attempts to Revive 'Health Warnings' for Adult Sites

A Missouri state representative has introduced a bill that would require adult sites to post notices warning users of alleged physical, mental, and social harms associated with pornography, despite a previous federal court ruling against such requirements.

New Age Verification Service 'BorderAge' Launches

French startup company Needemand has officially launched its subscription-based age verification solution, BorderAge.

Ruling: Italy's 'Porn Tax' Applies to All Content Creators

Italy’s tax revenue agency has ruled that the nation’s 25% “ethical tax” on income generated from adult content applies even to smaller independent online content creators.

Proposed New Hampshire AV Bill Appears to Violate Constitution

A bill in the New Hampshire state legislature, aimed at requiring adult sites to age-verify users in that state, contains a provision that seemingly contradicts the Supremacy Clause in Article VI of the U.S. Constitution.

AEBN Publishes Report on Fetish Trends

AEBN has published a report on fetish categories from its straight and gay theaters.

Online Child Protection Hearing to Include Federal AV Bill

A House subcommittee will hold a hearing next week on a slate of bills aimed at protecting minors online, including the SCREEN Act, which would make site-based age verification of users seeking to access adult content federal law.

Show More