The Kerala High Court recently said that courts cannot read a book and hold that it is "obscene" if the prosecution fails to prove it. The High Court made the observation while setting aside the conviction of a man who was booked for allegedly selling "obscene" books. The court also faulted the trial court for scrolling through the books itself in order to examine the guilt of the accused after the prosecution failed to prove its allegations. Justice CS Dias also noted that the witnesses of the prosecution, which included police officers who seized the books, did not testify that the books were obscene. Kerala High Court Steps In As Parents in War Over Child’s Name, Invokes Its Parens Patriae Jurisdiction To Settle Dispute.

HC on Obscene Books

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