Supreme Court of India · 1979-12-14
RAJKAPOOR S/O PRITHVIRAJ KAPOOR vs LAXMAN S/O KISHANLAL GAVAI
- Citation / case number
- SC 1979/62680
- Court
- Supreme Court of India
- Petitioner
- RAJKAPOOR S/O PRITHVIRAJ KAPOOR
- Respondent
- LAXMAN S/O KISHANLAL GAVAI
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court held that under Section 79 IPC, no offence is committed if the act is justified by law, which applies to films certified for public exhibition under the Cinematograph Act, 1952. The Court quashed the prosecution under Section 292 IPC for obscenity, stating that the certification by the Central Board of Film Censors provides a legal justification for the film's exhibition. The judgment emphasized that the Cinematograph Act is a special law that governs the exhibition of films, thereby limiting the applicability of the general provisions of the IPC in this context.