UPSC Prelims Practice Questions — Swear words are uncivil, but not obscene by law, says SC
Q1. The judgment holding that swear words are uncivil but not obscene carries the neutral citation "2026 INSC 719". In this citation, the abbreviation "INSC" denotes which one of the following?
- A. The neutral citation assigned by the Supreme Court of India to its own judgments
- B. A private law-report series published by the Indian National Society of Criminology
- C. The internal case-numbering system of the National Company Law Tribunal
- D. A neutral citation used exclusively by the High Courts for constitutional matters
Q2. The 2026 ruling that mere profanity does not amount to statutory obscenity was delivered exclusively by a Bench comprising which of the following Judges of the Supreme Court?
- A. Justices Sanjay Karol and Vipul M. Pancholi
- B. Justices B.R. Gavai and Surya Kant
- C. Justices Sanjay Kishan Kaul and S. Ravindra Bhat
- D. Justices Sanjay Karol and Bela M. Trivedi
Q3. The offence of "obscene acts and songs" at issue in this case was contained in Section 294 of the Indian Penal Code, 1860. Under the Bharatiya Nyaya Sanhita, 2023 (in force from 1 July 2024), this offence now corresponds to which provision?
- A. Section 296 of the Bharatiya Nyaya Sanhita
- B. Section 294 of the Bharatiya Nyaya Sanhita
- C. Section 354 of the Bharatiya Nyaya Sanhita
- D. Section 79 of the Bharatiya Nyaya Sanhita
Q4. With reference to the ingredients that must be satisfied to constitute an offence under Section 294(b) IPC, consider the following:
1. The words sung, recited or uttered must be obscene.
2. The act must occur in or near a public place.
3. The utterance must cause annoyance to others.
4. The offender must have used a dangerous weapon while uttering the words.
Which of the above is/are correctly identified?
- The words sung, recited or uttered must be obscene.
- The act must occur in or near a public place.
- The utterance must cause annoyance to others.
- The offender must have used a dangerous weapon while uttering the words.
- A. 1, 2 and 3
- B. 1 and 4
- C. 2, 3 and 4
- D. 1, 2 and 4
Q5. Consider the following statements comparing the IPC provisions involved in Mani @ Subramaniyam v. State:
1. Section 294(b) prescribes a maximum imprisonment of three months, whereas Section 326 can extend to imprisonment for life.
2. Aggravated criminal intimidation under Section 506 (Part II) is punishable with imprisonment up to seven years, which exceeds the maximum term under Section 294(b).
3. Section 326 deals with criminal intimidation, while Section 506 penalises voluntarily causing grievous hurt by dangerous weapons.
Which of the statements given above is/are correct?
- Section 294(b) prescribes a maximum imprisonment of three months, whereas Section 326 can extend to imprisonment for life.
- Aggravated criminal intimidation under Section 506 (Part II) is punishable with imprisonment up to seven years, which exceeds the maximum term under Section 294(b).
- Section 326 deals with criminal intimidation, while Section 506 penalises voluntarily causing grievous hurt by dangerous weapons.
- A. 1 and 2 only
- B. 2 and 3 only
- C. 1 and 3 only
- D. 1, 2 and 3
Q6. Section 326 IPC, the only charge whose conviction the Supreme Court upheld against the petitioner, penalises which one of the following?
- A. Voluntarily causing grievous hurt by means of dangerous weapons or means
- B. Threatening a person with injury to compel or deter an act (criminal intimidation)
- C. Uttering obscene words to the annoyance of others in a public place
- D. Doing an act with intent to cause death amounting to attempt to murder
Q7. Of the three IPC convictions that the petitioner carried when the matter reached the Supreme Court, how many did the Court set aside in its 2026 judgment?
- A. Two
- B. One
- C. Three
- D. None
Q8. In Mani @ Subramaniyam v. State (2026), the Supreme Court left intact the petitioner's conviction under only one provision. Which single provision was it?
- A. Section 326 IPC
- B. Section 294(b) IPC
- C. Section 506(ii) IPC
- D. Section 292 IPC
Q9. Which one of the following best describes the "community standards test" reaffirmed by Indian courts for judging obscenity?
- A. Material is judged by contemporary community and national standards taken as a whole, not by the standard of a hypersensitive person
- B. Material is judged by its tendency to deprave and corrupt the most susceptible minds, on the basis of isolated passages
- C. Material is obscene only if it is expressly prohibited by a specific statutory schedule
- D. Material is judged solely by the subjective reaction of the complainant who was annoyed
Q10. With reference to judicial tests for obscenity in India, consider the following statements:
1. The Hicklin test originated in the English case Regina v. Hicklin (1868).
2. In Aveek Sarkar v. State of West Bengal (2014), the Supreme Court discarded the Hicklin test in favour of the community standards test.
3. The community standards test judges obscene material by its impact on the most vulnerable and impressionable minds.
4. The Hicklin test permitted a work to be judged on the basis of isolated passages rather than as a whole.
Which of the above is/are NOT correct?
- The Hicklin test originated in the English case Regina v. Hicklin (1868).
- In Aveek Sarkar v. State of West Bengal (2014), the Supreme Court discarded the Hicklin test in favour of the community standards test.
- The community standards test judges obscene material by its impact on the most vulnerable and impressionable minds.
- The Hicklin test permitted a work to be judged on the basis of isolated passages rather than as a whole.
- A. 3 only
- B. 1 and 4
- C. 2 and 3
- D. 1 only
Q11. Under the Constitution of India, "decency or morality" is best described as which one of the following?
- A. A ground under Article 19(2) on which the State may impose reasonable restrictions on freedom of speech and expression
- B. A Fundamental Duty of citizens enumerated under Article 51A
- C. A Directive Principle of State Policy directing the State to preserve public morals
- D. An absolute and non-restrictable component of Article 19(1)(a)
Q12. The debate over what legally counts as "obscene" language was sharpened by a July 2026 courtroom episode in which a petitioner abused the sitting Chief Justice of India and addressed the Bench as "judicial servants". Who was the Chief Justice of India targeted in that July 2026 incident?
- A. Justice Surya Kant
- B. Justice B.R. Gavai
- C. Justice D.Y. Chandrachud
- D. Justice Sanjay Karol