G outside the marital setting v. Thus

Appellant approached the High Court under Section 482 Cr.P.C. for quashing the complaint. High Court noted that two questions of fact were involved in the case i.e. whether the appellant could claim any of the recognised F defences against the allegations of having committed defamation, as contemplated by Section 499 IPC and whether the complainants could at all be described as 'aggrieved persons' within the meaning of Section 199 Cr.PC since that was linked to the question of whether the complaints were made in a bona fide manner. The G High Court dismissed the petition leaving both the questions for consideration by the trial court. However the High Court directed consolidated trial of the com.plaints in one place. Hence the appeals. 326 SUPREME CQURT REPORTS [2010) 5 S.C.R. A Allowing the appeals, the Court 8 HELD: 1.1. When the criminal law machinery is set ih motion, the superior courts should not mechanically use either their inherent powers or writ jurisdiction tc> intervene with the process of investigation and trial. However, such forms of judicial review can be exercised to prevent a miscarriage of justice or to correct some grave errors that might have been committed by the subordinate courts. [Para 12) [340-F-G] C Mis Pepsi Foods Ltd. & Anr. v. Special Judicial Magistrate & Ors. AIR 1998 SC 128; State of Haryana & Ors. v. Ch. Bhajan Lal & Ors. AIR 1992 SC 604; Mis Medchl Chemicals & Pharma Ltd. v. Mis Biological E. Ltd. & Ors. AIR 2000 SC 1869; Mis Zandu Pharmaceutical Worl<s Ltd. & Ors. D v. Mohd. Sharafu/ Haque & Ors. AIR 2005 SC 9; Shakson Belthissor v. State of Kera/a & Anr. (2009) 14 SCC 466, relied on. F E

1.2. Perusal of the complaints revealed that most of the allegations pertained to offences such as defamation (Sections 499, 501 and 502 IPC), obscen'ty (Section 292 IPC), indecent representation of women and incitement among others. There is absolutely no basis for proceeding against the appellant in respect of some of the alleged offences. The Indecent Representation of Women (Prohibition) Act, 1986 was enacted to punish; publishers and advertisers ·who knowingly disseminate materials that portray women in an indecent manner. However, this statute cannot be used in the present case where the appellant merely referred to the incidence of pre-marital G sex in her statement. The appellant cannot be described as an 'advertiser' or 'publisher' by any means. Similarly, Section 509 IPC criminalises a 'word, gesture or act intended to insult the modesty of a woman' and in order to establish this offence, it is necessary to show that the H modesty of a particular woman or a readily identifiable S. KHUSHBOO v. KANNIAMMAL AND ANR. 327 group of women has been insulted by a spoken word, A gesture or physical act. Clearly this offence cannot be made out when the complainants'.grievance was with the publication of what the appellant had stated in a written form. Likewise, some of the complaints mentioned offences such as those contemplated by Section 153A 8 IPC ('Promoting enmity between different groups etc.,') which would have no application to the present case since the appellant was not speaking on behalf of one group and the content of her statement was not directed against any particular group either. [Para 15] [342-D-H; C 343-A-C]

1.3. The appellant's remarks did not amount to 'obscenity' in the context of Section 292 IPC. References to sex cannot be considered obscene in the legal sense without examining the context of the reference. In the D present case, the appellant merely referred to the increasing incidence of pre-marital sex and called for its societal acceptance. At no point of time appellant described the sexual act or said anything that could arouse sexual desires in the mind of a reasonable and E prudent reader. Furthermore, the statement was made in the context of a survey which touched on numerous aspects relating to the sexual habits of people in big cities. Even though this survey was not part of a literary or artistic work, it was published in a news magazine F thereby serving the purpose of communicating certain ideas and opinions on the subject. It is difficult to appreciate the c1aim that the statements published as part of the survey were the nature of obscene communications. [Paras 16, 18] [343-C-D; 344-F-H; 345- G A-C] .