The Madhya Pradesh High Court at Jabalpur has dismissed a petition filed by Nagendra Singh Gaharwar against Manmohan Agrawal, Chief Editor and Publisher of Dainik Bhaskar, alleging obscenity over a 2012 newspaper advertisement for the film “Players.” Justice Achal Kumar Paliwal, in his judgment dated October 29, 2025, held that the blurred image of a woman in the advertisement did not constitute obscenity within the meaning of Sections 292 and 293 of the Indian Penal Code or Sections 3, 4, and 6 of the Indecent Representation of Women (Prohibition) Act, 1986.
The petitioner claimed that the publication of an ‘almost nude’ image amounted to an indecent representation of women and was published solely for commercial gain. Both the trial and revisional courts had dismissed his complaint earlier, prompting the present petition under Section 482 of the Criminal Procedure Code.
The Court, after extensively reviewing legal principles from landmark rulings emphasized that nudity per se is not obscenity, and the test must consider the overall context, purpose, and message of the publication against contemporary community standards.
Justice Paliwal observed that in the impugned advertisement, the breast and genital areas of the model were sufficiently blurred and the accompanying text ‘Get Ready to Sizzle’ was written over the image, leaving no visible nudity or intent to arouse prurient interest. The Court held that the publication has no tendency to deprave or corrupt the minds of readers and that mere depiction of the human body, absent lascivious intent, cannot attract criminal liability.
Finding no illegality or perversity in the orders of the lower courts, the Court dismissed the petition, upholding the freedom of expression and press while reaffirming the distinction between artistic representation and obscenity in line with evolving societal standards.
Appearances:
Shri Nagendra Singh Gharwar –Advocate for the petitioner
Shri Sanjiv Kumar Mishra – Advocate for the respondent.
