SC Quashes FIR Against 'College Romance' Actors For Using Profane Language

The Supreme Court of India recently overturned the Delhi High Court's decision regarding the obscenity case against the creators of the "College Romance" web series.

Bench comprising Justice AS Bopanna and Justice PS Narasimha emphasised that vulgar and profane language does not necessarily constitute obscenity under Section 67 of the Information Technology Act. 

The Delhi High Court had, in 2023, upheld the registration of FIR under Sections 67 and 67A of Information and Technology Act against accused persons for using profane language.

The Top Court criticised the High Court for not considering the context and themes of the series and for equating profanity with obscenity. The Apex Court also noted that the High Court's standards, such as the "morale decency community test," were inappropriate for determining obscenity. 

Ultimately, the Supreme Court ruled in favor of quashing the criminal case against the accused, stating that the material in question did not meet the criteria for obscenity under Section 67 or Section 67A of the IT Act.