Jwala Prasad, J.@mdashThe petitioners Jagat Narain Lall and Rameshwar Prasad have been convicted by the City Magistrate of Patna by his order dated 11th August 1927, under 8. 292, I.P.C. The former has been sentenced to a fine of Rs. 250 and the latter to a fine of Rs. 100. The conviction and the sentences have been upheld by the Sessions Judge of Patna. The petitioners have come up to this Court in revision and seek to have the conviction and the sentence set aside.
2. Petitioner 1. Jagat Narain Lall is the printer and publisher of the Hindi weekly newspaper entitled Mahabir printed and published in Shrikrishna Press at Mahabir Office, Moradpur Patna:
vide his declaration (Ex.1) dated 4th January 1926, u/s 5, Press Act 25, 1867. Petitioner 2. Rameshwar Prasad, is "the printer of the Shrikrishna Press, Moradpur Patna": vide his declaration (Ex. 2), dated 21st December 1925, u/s 5 of the aforesaid Act.
3. The conviction is with respect to an advertisement (Ex. 4) which appeared in the issue of the aforesaid paper on 26th September 1926. The advertisement runs as follows:
4. It has been translated into English by the Government Translator (P.W. No. 3) and his translation which is Ex. 5 reads as follows:
Reward of Rs. 500 if (proved) not original.
Original ! Illustrated !! Old !!!
Kashmiri Kok Shastra.
Written by Shriman Pandit Kokaji, Prime Minister, Maharaja Kashmir, contains description of men and four kinds of women viz., Padmini, Chitrini, Sankhini and Hastini: coloured pictures (photos) of 84 postures of men and women with interesting description of these, signs of male and female child in the womb; treatment of all sorts of impotency; in case of no issue, issue is sure; the secret diseases of males and females with their treatment, incantations with direction for winning over any one and many similar things which are not proper to mention here are contained in our original old book the Kashmiri Kok Shastra. It is the very book which could not be had even for a thousand rupees. After a good deal of labour we have got it printed in Hindi front Sanskrit. Send for a copy and try. Price Rs. 3 only. If it is not the original price will be refunded.
Address--Tilismat Bhawan, No. 25, Ludhiana, Punjab.
The passage said to be obscene in the aforesaid advertisement and upon which the conviction has been based runs as follows:
Istri aur purushon ke chaurasi asan ki tasviran rangin (photo) tatha chaurasi asanon ka manohar (dilchasp) hal
which has been translated by the Government Translator as
coloured pictures (photos) of 84 postures of man and women with interesting descriptions of these.
5. The defence was that the word posture or "asan" refers to the attitude of male and female jogis at the time of prayer. The prosecution case is that it refers to the posture of men and women at the time of cohabitation. The Courts below have accepted the prosecution version and held that the reference to the posture of men and women at the time of cohabitation in the advertisement is obscene. Mr. A.B.N. Sinha, Government Translator, (P.W. No. 3) who translated it says one of the meanings of the word. "asan" is the posture adopted by jogis in devotional exercise. The dictionary meaning of the word "asan" is simply "baithne ke parkar" or mode of sitting.
The book called Kashmiri Kok Shastra advertised in the paper was not produced in the Courts below and the Magistrate says in his judgment:
The book in question has not been placed before me but if it contains 84 coloured pictures of "postures" of men and women as stated in the advertisement Ex. 4 then it is certainly an obscene book. I am also of opinion that the passage cited above is quite clearly a piece of lewd writing and brings the advertisement itself within the meaning of Section 292, I.P.C.
6. The learned Government Advocate at my request has now produced the book. The advertisement in question is an exact copy of the first of the advertisements given at the end of the book. Between pages 48 and 49 there are four pages of pictures of men and women showing postures of sitting. Similarly between pages 104 and 105 there are four pages of pictures of men and women sitting in different postures. They describe the different looks of expression of men and women caused by sentiments of sorrow and pleasure etc. They are not pictures showing the postures of men and women while cohabiting. The book does not at all deal with the postures of cohabitation but rather forbides the indulgence in such postures. It gives lessons on how to live a healthy life, to prevent miscarriage, and to procure healthy children. The book is styled as "Kok Shastra" which the Government Translator renders as a science compiled by Kokaji and he says that the book advertised relates to the "science of eugenics" (pertaining to race culture).
7. In view of the passage quoted above from the judgment of the Magistrate, perhaps he would not have considered the advertisement as obscene if the book itself were before him and he had found that the coloured pictures referred to therein are not pictures of men and women cohabiting.
8. The advertisement in question only says 84 "asans" or modes of postures of men and women, and does not say postures of men and women at the time of cohabitation. It may suggest that idea. There is, however, nothing obscene in it. The same advertisement has been appearing in a number of papers produced by the accused in this Court, viz. The Vishva Mitra, Bharat Mitra, Abhyudaya, Arjun, Hindi Bangabasi, Taruna Rajasthan, Karmavir, Matwala, Hindu Punch and Sri Venkateshwar Samachar, pointing to the fact that it is not regarded as indecent. The advertisement does not seem to refer to the Kok Shastra which is supposed to contain pictures of men and women cohabiting. Even if it did I would not consider it at all to be indecent or obscene, for the advertisement only says that the book advertised contains 84 postures of men and women. It itself does not give any posture offensive to the senses and the words used do not suggest any indecent, obscene or immoral ideas. There is no evidence in this case that the book in question raised any obscene or immoral ideas or is calculated to deprave the minds of men or women. The advertisement does not come under the purview of Section 292, I.P.C. This would entitle both the accused to an acquittal of the charge of which they have been convicted.
9. I may incidentally mention that the Government Translator stated that one of the meanings of "asan" is the posture adopted by yogis in their devotional exercises.
The defence argued that this was the meaning of the word used in the advertisement. The learned Sessions Judge says:
It is difficult to imagine the existence of so many recognized attitudes of prayer or that their descriptions should be thought to be interesting.
10. In this the learned Sessions Judge is not well informed. It is recognized as an ancient science in India and forms an interesting subject of one of the six Schools of Philosophy called Darshanas or Shastras coming down from the most ancient time called the Jogyadarshan or Jogyashastra by the ancient Rishi Patanjal. A proper "asan" or posture of sitting helps in deep meditation and devotion. The aforesaid Jogyadarshan is resorted to by devotional people in order to practise the different "asans" for appropriate devotion. It is said that a proper "asan" helps the physique, restores good health and induces concentration. It cures many diseases and people still resort to some of these "asans." Jogis are those who are experts and exponents of these "asans." According to the Hindu belief the word "84" is a mystic number. There are said to be 84 laksh yonis (created objects). This, however, is not very relevant for the purpose of this case which has been disposed of by me upon the ground already stated. I have mentioned it here only to clear up the idea of the learned Sessions Judge.
11. The case of petitioner 2, Rameshwar Prasad stands on a higher footing. According to his declaration in Ex. 2 filed before the Magistrate u/s 5, Press Act, referred to above he is only the printer of the Shrikrishna Press. He has nothing to do with the printing of the paper or with its publication and circulation. There is no evidence on the record that he took part in printing or publishing or circulating the advertisement in question. I do not find his name amongst the accused in the first information drawn up by the Sub-Inspector. The accused named therein is Jagat Narain Lall. His name does not appear in the paper itself. The name of Jagat Narain Lall appears as printer and publisher. u/s 292 it must be proved that the accused sold, let to hire or distributed, or published, exhibited or in any manner put into circulation etc., any obscene book, pamphlet paper, drawing, printing, representation or figure, or any other obscene object whatsoever. There is no evidence that petitioner 2 did any of the aforesaid acts or any act mentioned in any of the clauses of that section. Of course, the case of the editor and printer and publisher of the paper is different. He puts the matter into circulation and the very fact of his being editor or publisher brings him within the purview of Section 292, I.P.C. There is, therefore, no case against petitioner 2 even if the advertisement was obscene and he must be acquitted. Inasmuch as I hold that the advertisement has not been proved to be obscene I acquit Jagat Narain Lall, petitioner 1, also.
12. The result is that the convictions and sentences on both petitioners are set aside.
