The Madhya Pradesh High Court, Jabalpur Bench, has dismissed a plea alleging that Dainik Bhaskar published a nude photograph of a woman in its 2012 edition while promoting the Abbas–Mustan film Players.

Justice Achal Kumar Paliwal held that the image did not amount to obscenity, as the body parts were sufficiently blurred, leaving no scope for sexual provocation or moral corruption.

The Court observed that though the female figure in the advertisement appeared unclothed, her breasts and genitals were completely blurred, with bold letters printed over the genital area, ensuring the image did not violate community standards of decency

. The Bench categorically noted that the visual “had no tendency to deprave or corrupt the minds” of readers.

The petitioner, Advocate Nagendra Singh Gaharwar, had filed a private complaint in 2012 before the trial court at Rewa, claiming that the newspaper’s act amounted to offences under Sections 292 and 293 of the Indian Penal Code, read with provisions of the Indecent Representation of Women (Prohibition) Act, 1986.

The trial and revisional courts both declined to take cognizance of the alleged offences, prompting the petitioner to approach the High Court.

Opposing the plea, counsel for Dainik Bhaskar argued that the complainant lacked locus standi and that the advertisement image had already been blurred to avoid any objectionable depiction.

Justice Paliwal found merit in these submissions and noted that no illegality was committed by the lower courts in dismissing the complaint.

After perusal of the case records and visual material, the Court ruled that the alleged offences were not made out, emphasizing that artistic or promotional content must be assessed contextually rather than in isolation.

The High Court, therefore, upheld the concurrent findings of the trial and revisional courts and dismissed the appeal.

Legal Summary

• Case Title: Nagendra Singh Gaharwar vs. Manmohan Agrawal
• Bench: Justice Achal Kumar Paliwal, Madhya Pradesh High Court (Jabalpur Bench)
• Provisions Invoked: Sections 292, 293 IPC; Indecent Representation of Women (Prohibition) Act, 1986
• Result: Appeal dismissed; no obscenity found in the Dainik Bhaskar advertisement.
• Appearances: Advocate Nagendra Singh Gaharwar (in person); Advocate Sanjiv Kumar Mishra for the respondent.

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