Abusive Language-- Use of Word 'Bastard' During Heated Altercation Does Not Satisfy Prurient Interest Test of Obscenity Under Section 294 IPC
Under Section 294(b) IPC, obscenity requires satisfaction of the "prurient interest" test — the words used must appeal to prurient interests or tend to deprave and corrupt the audience. Vulgarity and profanity, including commonly used abusive words uttered during heated altercations, do not per se constitute obscenity. For culpable homicide under Section 304 Part II IPC, striking a person on the head with a wooden log carries requisite knowledge of likelihood of death. Absence of premeditation and use of a weapon found at the spot, rather than one brought for the purpose, are relevant to sentencing.
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