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december 1979

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.

RAJKAPOOR S/O PRITHVIRAJ KAPOOR vs LAXMAN S/O KISHANLAL GAVAI · Niyam