Criminal law cannot punish individuals merely for expressing "unpopular views" as it would violate freedom of speech and expression, the court said.
The Supreme Court has held that premarital sex is not a statutory offence and criminal law cannot punish individuals merely for expressing "unpopular views" justifying such acts as it would violate freedom of speech and expression.
"While it is true that the mainstream view in our society is that sexual contact should take place only between marital partners, there is no statutory offence that takes place when adults willingly engage in sexual relations outside the maritial setting, with the exception of 'adultery' as defined under section 497 IPC," the apex court said in a judgment.
A bench of chief justice KG Balakrishnan, justice Deepak Verma, and justice BS Chauhan passed the judgment while quashing the criminal cases filed against popular South Indian actress Khushboo for her views on "premarital sex".
"It is not the task of criminal law to punish an individual merely for expressing unpopular views," the bench said. "The threshhold for placing reasonable restrictions on the freedom of speech and expression is indeed a very high one and there should be a presumption in favour of the accused in such cases.
"It is only when the complainants produce materials that support a prima facie case for statutory offence that magistrates can proceed to take cognizance of the same.
"We must be mindful that the initiation of a criminal trial is a process which carries an implicit degree of coercion and it should not be triggered by false and frivolous complaints amounting to harassment and humilation to the accused."
Writing the judgment, justice Chauhan said the complaints against the actress were instituted with mala fide intent by office-bearers of the Pattali Makkal Katchi, a regional party in Tamil Nadu, and "to prevent the abuse of the criminal law machinery", they have to be quashed.
Asserting that Khushboo's statement was not obscene or harmed anyone's reputation, the bench said, "The appellant's statement published in India Today is a rather general endorsement of premarital sex and her remarks are not directed at any individual or event at a 'company' or an association or collection of persons."
It said the statements did not invite any case for defamation as defined under section 499 of the Indian Penal Code.
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