A CRITIQUE OF KHUSHBOO V.

KANNAIMAL
A ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT
OF THE COURSE CONSTITUTIONAL LAW - I FOR THE
REQUIREMENT OF THE DEGREE B.A.,LL.B. SESSION 2021 – 2022

SUBMITTED BY

NAME – ABHIJEET KUMAR CHOUDHARY

ROLL NO – 211904

V SEMESTER

SUBMITTED TO

PROF. DR. ANIRUDH PRASAD

PROFESSOR OF LAW

AUGUST, 2021

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR MITHAPUR, PATNA (800001)

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This case is one of the important cases because it deals with the question of protection of
fundamental right of freedom of speech and expression and it also clarified the criteria to
check the obscenity of any statement. The Supreme Court stated that obscenity should be
gauged with respect to contemporary community standards that reflected the sensibilities as
well as the tolerance levels of an average reasonable person.

The issue in this case was that whether the Appellant’s remarks could reasonably amount to
offence of defamation as defined under Section 499 of Indian Penal Code, 1860.

AIMS AND OBJECTIVES –

 What is the concept of decency and morality under Article 19(2).

 What is the concept of defamation under Article 19(2) and sec 499 to 500 IPC
1860.

HYPOTHESIS –

 The obscenity should be gauged with respect to contemporary community standards

that reflect the sensibilities as well as the tolerance levels of an average reasonable
person.

RESEARCH METHODOLOGY –

The research is based on doctrinal method of research.

SOURCES OF DATA –

The research is based upon primary and secondary sources.

Primary source – Constitution of India, Criminal Procedure Code 1973, Indian Penal Code
1860.

Secondary source - books, newspaper, websites etc.

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TENTATIVE CHAPETISATION

1. INTRODUCTION
2. FACTS OF THE CASE
3. CONTENTION RAISED FROM THE APPELLATE AND RESPONDENTS
SIDE
4. JUDGEMENT BY THE SUPREME COURT
5. THE CONCEPT OF DECENCY AND MORALITY
6. CONCLUSION AND SUGGESTIONS

BIBLIOGRAPHY –

BOOKS -

 H.M. Seervai, Constitutional Law of India. New Delhi: Universal Law Publishing
Company, 2011.
 Mahendra P. Singh, V.N. Shukla’s Constitution of India. Lucknow: Eastern
Book Company, 2010.
 Ratanlal & Dhirajlal, The Indian Penal Code. Nagpur: Lexis Nexis Butterworths
Wadhwa, 2013.
 R.V. Kelkar, Criminal Procedure. Lucknow: Eastern Book Company, 2008.

WEBSITES –
 https://www.jstor.org
 https://www.scconline.com
 https://www.manupatrafast.com
 https://home.heinonline.org

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