Doing any obscene act in a public place or singing etc. any obscene songs in such a place has been made an offence under this section. The section states that whoever annoys others by either doing any obscene act in any public place, or by singing, reciting or uttering any obscene songs, ballad or words, in any public place or near it, shall be punished with simple or rigorous imprisonment for a term extending up to three months., or with fine, or with both.
The section requires doing of any obscene act, or signing, reciting or uttering of any obscene songs, ballad or words. While the former must be in any public place, the latter must be either in any public place or near any public place. In either case annoyance must result to others because of it.
There exists a difference of opinions amongst different High Courts on this account, and a customer above the age of eighteen years who went to a hotel holding cabaret shows was held not entitled to initiate action for obscenity as he was a consenting party and could not be said to suffer annoyance as he himself went there for entertainment.
The offence under this section is cognizable, bailable and non-compoundable, and is triable by any magistrate
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