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Quashing a case against a newspaper for publishing a nude photo of German tennis legend Boris Becker with his fiance in 1993, a bench of justices K S Radhakrishnan and A K Sikri said only those sex-related materials can be held to be obscene which have a tendency of exciting lustful thoughts.
"A picture of a nude/semi-nude woman, as such, cannot per se be called obscene unless it has the tendency to arouse feeling or revealing an overt sexual desire. The picture should be suggestive of depraved mind and designed to excite sexual passion in persons who are likely to see it, which will depend on the particular posture and the background in which the nude/semi-nude woman is depicted," it said.
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