370 Biryani controversy | FIR Under BNS 75, BNS 294 & IT Act 67 | Legal Analysis for CLAT 2027

[00:00:17]Hi everyone. And welcome back to the official channel of Legal Edge. Now, before we start with our today's session, just do give me a tech check.

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[00:00:40]You know, it's been almost a week. This this this controversy we're going to discuss today. It has been in the public discourse. But, we'll be understanding certain important thing regarding that.

[00:00:50]And the controversy which you are referring to is 370 rupees biryani issue.

[00:00:55]Involving a stand-up comedian, Munawar Faruqui.

[00:01:02]And then NCW, National Commission of Women.

[00:01:07]Along with the participant from the audience as well.

[00:01:10]And um finally, state of Maharashtra may Mumbai police may suo moto cognizance basis pay.

[00:01:15]FIR registered here under various sections of VNS. And IT Act. So, in sections to be added and discussed today, this kind of FIR will be registered.

[00:01:25]But, the first thing's first, the primary fundamental right which is involved over there. Majority of the topics of our CLK to our paper perspective is important. Okay? Okay, now constitutional law or fundamental rights related to it.

[00:01:38]And this Munawar Faruqui controversy is again related to one of the fundamental rights. Which is given to us by the Constitution of India. Which is Article 19 (1) A of the Constitution. Which gives to every citizen of this country a freedom of >> [clears throat] >> the freedom of of speech and expression.

[00:02:18]Article 19 1A which lists out the right to freedom which are given to the citizens of this country. Which is my article 19 1A may speech and expression come for right here.

[00:02:28]That every citizen of this country will have a freedom of speech and expression.

[00:02:31]But is this right absolute in nature? So absolute to any The state is entitled to restrict the exercise of this particular right on the grounds grounds mentioned under article 19 clause 2.

[00:02:55]And the grounds that are mentioned over here are known as reasonable restrictions.

[00:03:06]Grounds which are known over here are known as reasonable restrictions and the grounds that are mentioned with respect to article 19 1A includes one of the ground which is known as decency and morality.

[00:03:22]That every citizen of this country is having a freedom of speech and expression.

[00:03:26]But decency and morality is one such ground on the basis of which the state is entitled to restrict your speech and expression as well.

[00:03:34]And stand-up comedians decency and morality is a ground which has been in discussion with respect to the stand-up comedians for a long period of time in our country right from the AIB controversy.

[00:03:48]Okay, AIB cover the roast they only conduct here right from that to last year's India's got latent controversy and now the Pranay Modi incident. Decency and morality can you have a bad bad involved with that?

[00:04:02]And perhaps when you are exercising your freedom of speech and expression in such a manner, you are entitled to speak whatever you want to. But if your speech goes against the decency and morality standards of the society, then the state is entitled to take actions against you as well. I got a speech of seeing it.

[00:04:19]If your speech can be considered as obscene in nature, then it was obscenity clearly a state after you put BNS and IT Act both can under charges claim that that is it.

[00:04:34]And that is what has been taking place or that is what has happened with respect to the Pranay Modi rupees 370 biryani controversy over here.

[00:04:41]The state has filed a fire under section 75, section 294 of BNS and under section 67 of the IT Act as well.

[00:04:54]So let us understand what the whole matter was. Okay. So initially what happened that Pranay Modi on his channels he put He uploaded a video with the title or a sketch with the title 370 biryani and supported defended it as a pure artistic expression where he was he was in discussion with one of the members of the audience. Okay. But the circulation was not started and that was the issue which was going against the dignity of the women as well in general.

[00:05:24]Okay, it was the issue of the consent or how entitled a man can feel himself after spending a rupees 370 on a biryani. Okay, date. How can he assume that the consent of the women is being implied over there on the basis of the money which is being spent on on that biryani? But the backlash was not started after after certain backlash from the society.

[00:05:47]Multiple complaints are filed and Maharashtra cybercrime police department registered an official FIR to investigate into the into the matter.

[00:05:55]And that was not the only part about it.

[00:05:58]Even the National Commission of Women also issued a summon calling Runal Morya and the member of the of the uh uh the the audience who made that specific comment, okay?

[00:06:10]So, it is the clash between your freedom of speech and expression and your fundamental rights as well.

[00:06:15]It guarantees speech and expression to every citizen of this country.

[00:06:20]That every citizen is entitled to speak whatever they want to speak and along with that, they are entitled to express themselves as well.

[00:06:28]But that is not an absolute right in nature. The state is entitled to restrict the same as well on the ground like public order, decency, morality, prevention of incitement of an offense, protection of religious sentiments, and so on and so forth.

[00:06:41]So, the point over here is that did the content remain within the protected satire or did it come into something which can be considered as insult or something which can be considered as obscene as well?

[00:06:56]And backlash about news reports about social media handles and all these other things, the state filed FIRs there.

[00:07:03]And FIR filed with section 75 of BNS, section 294 of BNS, and section 67 of the IT Act.

[00:07:09]So, what is that?

[00:07:12]I'm so sorry, guys. So, let's forget section 75 standard and call something like that charged against him.

[00:07:17]Section 75 basically deals with sexual harassment. And what all kind of acts are punished under this particular section? So, a man a man committing any of the following acts shall be guilty of the offense of sexual harassment. I got in this way we act like man commit good time. So, that particular act will be considered as a sexual harassment incident. So, making sexually colored remarks which was part of that biryani conversation. The entire discussion which took place between the member of the audience and Praneet over there was something which was considered as making sexually colored remarks as well.

[00:08:04]So, it it involves any of the acts which involves physical contact or advances involving unwelcome and explicit sexual approaches, a demand or request for sexual favors, showing pornography against the will of the women, or making sexually colored remarks.

[00:08:18]This was something this basis for which the first offense was made.

[00:08:23]Next offense if we see, it is about sale or distribution of obscene material.

[00:08:29]Obscene material if a person sells it, obscene material if a person distributes it, or publishes it.

[00:08:35]So, that is also something which is which is punishable as an act under section 294 of the Bharatiya Nyaya Sanhita.

[00:08:42]But, what is an obscene material?

[00:08:44]So, section 294 tells us what kind of a material will be considered as an obscene material.

[00:08:50]So, according to this particular section, a book, a pamphlet, paper, writing, drawing, painting, representation, figure, or any other object including display or including display of any content in electronic form shall be deemed to be obscene.

[00:09:10]If it is lascivious or appeals to the prurient interest, or if it's or if it its effect, or whether it comprises two or more distinct items, the effect of any of any of its items is, if taken as a whole such as to tend the depraved and corrupt persons who are likely having regard to all relevant circumstances to read, see, or hear the matter contained or embodied in it.

[00:09:38]So, agar aapka content last previous which is going to arouse the desire of sexual or which is going to arouse the sexual desires of a person. Or if it is prurient in nature. Prurient refers to very much deeply engaged in sexual desires.

[00:09:52]Is there any of the material which is capable of collecting corrupting the mind of the persons who will eventually read it or see it or hear the matter?

[00:10:00]Then after this particular material go obscene mana jayega.

[00:10:04]And whosoever is involved in the act of selling or distributing or making publicly available any obscene material shall be punished on first conviction with imprisonment of either description for a term which may extend to two years and with a fine which may extend to 5,000 years.

[00:10:24]5,000 rupees. So, two years plus 5,000 fine on the first conviction. And in the event of second or subsequent convictions with imprisonment of either description for a term which may extend to five years and also with a fine which may extend to 10,000 rupees. Doosra or subsequent conviction ke cases mein up to five years plus fine of up to 10,000 rupees.

[00:10:54]And this is the second section jo yahan par unke upar impose kiya. And the primary reason for imposition of this particular section was because material unke social media handles pe share kiya gaya.

[00:11:05]Theek hai? Wo particular clip unke social media handles pe available kiya gaya.

[00:11:09]And that was something which was being considered as obscene over there. So, this was the second section which was applied over there.

[00:11:14]Teesra jo section jiske andar FIR register ki gayi hai, that is specifically related to IT Act.

[00:11:20]Whenever any obscene material is being shared or published through an online platform or through any kind of an online medium that is something which is punishable under section 67 of the IT Act 2000.

[00:11:31]So, it says that whoever publishes or transmits or causes to be published or transmit transmitted in electronic form any material which is last serious or appeals to the prudent interest or if it's effect is such as to tend the deprived and corrupt persons who are likely having regard to all relevant circumstances to read, see or hear the matter contained or embodied in it shall be punished on first conviction with the imprisonment of either description for a term which may extend to 3 years and with a fine which may extend to 5 lakh rupees. And in the event of second or subsequent conviction with an imprisonment of either description for a term which may extend to 5 years and also with a fine which may extend to 10 lakh rupees.

[00:12:16]So, the amount of punishment which is being imposed over there or the amount of fine which is being imposed in this particular situation is higher in the IT Act.

[00:12:24]So, in sorry sections can there one up car charges like I get on the FIR of the 370 biryani matter.

[00:12:32]But, point is I don't know if the state could be one person. There are certain cases of the Supreme Court of India which made it clear that what kind of thing which will fall within the category of reasonable restrictions or not. Shreya Single versus Union of India, Devgan versus Union of India, Pravasi Balai Sangathan versus Union of India.

[00:12:50]There are certain judgments which are given by the Supreme Court with respect to the online speech rule as well. So, in Shreya Single versus Union of India, the court said that restrictions on digital speech must be narrowly tailored.

[00:13:01]Mere annoyance or inconvenience is legally insufficient to criminalize an expression expression. And this is the reason that why section 66A was declared as unconstitutional in this particular case.

[00:13:20]But, decency or morality that becomes a reasonable ground of restriction. Then, Amish Devgan versus Union of India.

[00:13:26]Intent rule discussed here. And the court established a strict distinction between legitimate criticism, satire, and intentional hate speech designed to vilify specific community. This was a case which was particularly related to the offense of the hate speech with it.

[00:13:47]Which is actually But I got a potential hate speech communicated to the community to vilify it.

[00:13:53]That is something which is actually Similarly, Pravasi Bhalai Sangathan versus Union of India. Another issue of harmony rule.

[00:14:00]The court emphasized that the constitutional mandate to balance free speech predictions against the necessity of preventing communal disarm.

[00:14:08]I guess I did you say it's pretty good case related to this not related to us incident of hate speech. But here in decency or morality was primarily in discussion. Or whatever you simply see these other up guy speech obscene here.

[00:14:21]If your publication is obscene in nature. Then the state is entitled to take an action against you as When you have a section 75 294 or section 67 of IT Act through Prannoy against institute here.

[00:14:34]But this was not the only thing which is important from the purposes of your paper. Okay, I open sections about all of that along with that. Another statutory body which came into news or which came into this this entire issue was National Commission of Women.

[00:14:48]Wherein they issued through Suo Motu Cognizance, they issued summons to these individuals to appear before them. And explain their their their reasons or their justification for the said act.

[00:14:59]Up NCW NCW National Commission of Women is primarily a body which is created in the in our country. For the purposes of regulating, managing, investigating, and uh ensuring that the rights of the women are properly enforced and adequately given to the women of the society.

[00:15:20]That is the primary purpose of the National Commission of Women.

[00:15:23]Body here and about going to this is not a constitutional body. This is a statutory body established on 31st of January 1992 1992 through National Commission for Women's Act 1990.

[00:15:36]The statutory body here constitutional body near. Works under the jurisdiction of Ministry of Women and Child Development. And primary objective of the body is to protect, promote, and empower the rights of the women across our country.

[00:15:50]Composition here and about going to the commission is actually made up of seven persons.

[00:15:55]Seven member led your particular panel with that within you have a chairperson, you have five members, and you have one member secretary.

[00:16:02]The chairperson is someone who is appointed by the central government and it is mandated to be a person deeply committed to the cause of women.

[00:16:10]Central government appointed committee.

[00:16:12]Um and appointed primarily as a committee person who care that that always deeply committed to the cause of women.

[00:16:17]Five nominated members of them. There are nominated members which are appointed by the central government and these nominated members must possess deep expertise across law, administration, women's welfare, economic development.

[00:16:32]Or education. And there is one member secretary. Which is again appointed by the central government and acts as the institutional anchor requiring expertise in management and administration. So this is what the composition of National Commission for Women is.

[00:16:48]Objectives here and National Commission of Women here. So to review the safeguards continuously audit get to the by the constitutional and legal protections and legal right be again women go. What adequate and you have any? You have a good changes going to get the with the passage of time and so on and so.

[00:17:05]Second is to recommend legislation. I can institute institute like that you women related issues going to have a new law going to have a good result. To institute related recommendation center going to get that. Redress the grievances, act as an effective facilitator for effective facilitator for the resolution of the rights violations with respect to the women.

[00:17:27]Which has the incidents over there.

[00:17:28]Only grievances for redress advice the government to get on welfare matters affecting the women.

[00:17:37]And drive the empowerment that is to actively promote systematic gender equality and women's empowerment.

[00:17:45]These are the five core objectives of the the National Commission of Women.

[00:17:51]The functions NCW to it functions as an investigative agency advisory body, inspection and research.

[00:18:02]So it takes the suo motu cognizance with respect to the violation of women's rights.

[00:18:08]And actively examines the atrocities and discrimination it has committed against the women.

[00:18:14]This particular incident may 370 biryani part of the missing baby.

[00:18:18]NCW took suo motu cognizance.

[00:18:20]It conducts research to get with respect to the legal awareness and what kind of important things or progressive things that can be done for the women in the society.

[00:18:33]Advisory functions may review the law or the policy or the schemes of the government and inspections as well.

[00:18:40]So it physically inspects the jails, remand home and protective custody facilities to ensure the human treatment of the women. These are primary functions NCW perform.

[00:18:51]So this entire issue so relevant for the purposes of legal reasoning is Article 191A, the grounds of reasonable restriction, the three sections under which the FIR has been filed against Panit Modi.

[00:19:03]And the the role or the establishment or a general overview of the National Commission of Women as well.

[00:19:13]So I hope the time grander and better.

[00:19:17]So registration is open which is free for everyone. Registration link is given in the description box. Do refer to the same as well. So by the other schedule we are talking so important schedule is being going on which is pretty much important for the purposes of your paper. So Hindu analysis daily on 9:00 a.m. big news every Thursday 6:00 p.m.

[00:19:34]Indian Express explained every Friday 7:00 p.m. and legal updates every Monday 5:30 p.m.

[00:19:40]This course is not going to go this is something which is important which will cover which will help you to cover 50% of your clad paper as well.

[00:19:48]Okay. Then the clad toppers tool is also going on where in you have a chance to sit in the same room with the toppers of your last year to understand what they did right what went wrong among other things as well. So it's the registration link will be up in the description box as well. I think do register for the same as well.

[00:20:05]So that's it for today. I hope the topic is clear.

[00:20:12]And responsibly open freedom of speech and expression for exercise.

[00:20:17]Okay. So that's it for today. Just take care of yourself and I'll see you soon.

[00:20:21]Thank you so much everyone. Thank you so much.