SAMARESH BOSE AND ANR. versus AMAL MITRA AND ANR.

Citation: [1985] SUPP. 3 S.C.R. 17 · Decided: 24-09-1985 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Appeal(s) allowed

Judgment (excerpt)

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17 
SAIWIESH BOSE AND ANR. 
V• 
AMAL MIIRA AND ANR. 
SEPTEMBER 24, 1985 
[R.S, PATHAK AND AMARENDRA NATH SEN, JJ.] 
Indian Penal Code, section 292, ingredients snd scope of -
Obscenity, concept of - Duty of the Court in judging the question 
of obscenity, explained - Whether the novel under the caption 
'Prajapsti' published in "Sarodiya Desh" in the Bengali Journal 
Desh contains matters which are obscene attracting liability 
under section 292 read with section 109 1,p,C, of the author and 
the printer ·and the publisher. 
Samaresh Bose, the first appellant, 1a a well-known writer 
of Bengali Novels and stories. He is the author of a novel which 
under the caption "Prajapsti • came to be published in "Sarodiya 
Desh" (the annual pooja number of the Bengali Journal 'Deah') for 
the Bengali year 1374 B.S. The novel centres round one Sukhen who 
figures as the main character and seeks to express the feelinga, 
tholl8hts and actions of · Sukben and to portray 
his character. 
This the author seeks to do throlJ8h Sukben himself who narrates 
bis own experiences, feelings, tho1J8hts and actions in hia own 
words -what he has seen in others, which·he despised and what he 
himself did and how he fell a victim to wine and -
and later 
gradually slided into slimy life from that of the atmosphere he 
earlier experienced, bereft of any love and affection and proper 
guidance. "Desh" is a journal of repute with wide circulation and 
the puja number is read by lovers of Bengali literature of all 
age groups all over India, Sitangahu Kumar Dasgupta, the aecond 
appellant is the publisher and the printer of the journal 
containing the said publication. 
On the 2nd of February, 1968, hnal Mitra, the 18cond 
reapondent, and a young Advocate, made an application in the 
Court of the Chief Preaidency Magiatrate at Calcutta complaining; 
(a) that the aaid novel "Prajapati • containa matters which are 
obscene; 
(b) 
that 
both 
the aecuaed 
persons 
have, 
sold, 
distributad, printed and uhibited the 1ame which has the 
tendency to corrupt the morale of those in whose handa the said 
"Serodiya Deah" may fall and the reading public as well"; and (c) 
that therefore, both the accuaed persons have committed an 
offence punishable under section 292 lnd1an Penal Code read 
aection 109 thereof. 
A 
B 
c 
D 
E 
F 
G 
H 
A 
18 
SUPREME COURT REPORTS 
[1985] SUPP.3 s.c.R. 
On the basis of the said complaint and after compliance 
with the necessary formalities, a Criminal 
Case No. 
353/68 
against both the accused persons came to be started and disposed 
of by the then Chief Presidency Magistrate of Cslcutta by his 
judgment dated 11th February, 1968. During the trial on behalf of 
B 
the accused Shri Budhadev Bose, (a whole time writer in Bengali, 
Professor 
of 
various 
institutions, 
the 
Chairman 
of 
the 
Comparative Literature at Jadavpur University, visiting professor 
of various universities in United States of America) and one Dr. 
Naresh Chandra Guba (the Professor and Head of the Department of 
Comparative Literature at Jadavpur University who 
had delivered 
lectures 
on 
Bengali 
literature 
before 
various 
literary 
c 
gatherings, over the radio and also in the University of Chicago 
J
on the works of Rabindra Nath Tagore) were examined. When various 
passages which are alleged to be obscene by the complainant were 
~ 
put to them, both the witnesses emphatically refuted that there 
was any obscenity in any of those passages. According to them, 
the words 
used by the accused author may have been unknown in 
literature but they were very widely current in speech; that by 
lJ 
introducing these forceful words into literature the author has 
.done a service to Bengali Literature the author has done a 
service to Bengali Literature and language making the book 
praiseworthy; that the passages were necessary as they bring 
about the D>Jral aspects of the hero's character and that the 
E 
novel has great social and D>Jral value. 
,.
The Trial Judge did not place any reliance on the testiD>Jny 
of these two eminent witnesses and proceeded to make his own 
assessment after reading the book and that too "with an open mind 
and a number of times" for the reason that expert knowledge has 
nothing to do with such cases and whether a book is obscene or 
F 
not depends on the interpretation of section 292 I.P.C. only. 
After setting out in his judgment the gist of the story and 
referring to various aspects and incidents and at len

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