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

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

AEBN Reveals Eva Maxim as Top Trans Star for Q2 of 2025

AEBN has published its top trans stars list for the second quarter of 2025, with Eva Maxim landing atop the leaderboard.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Show More