THE LEGAL BATTLE OVER RANVEER ALLAHBADIA’S REMARKS: “FREE SPEECH VS. OBSCENITY LAWS”

Brief Facts of the Case

On 9 February 2025, Ranveer Allahbadia, a popular YouTuber with 8 million followers, made an obscene remark while judging the show India’s Got Latent, asking a contestant a controversial question: “Would you rather watch your parents have sex every day for the rest of your life or join in once and stop it forever?”The comment sparked massive outrage, leading to multiple FIRs, police cases, and death threats.YouTube removed the controversial episode, and Allahbadia, along with the show’s creator, Samay Raina, issued public apologies and took down all previous episodes.

Allahbadia and others involved in the show were summoned by the police and the Women’s Commission for further inquiry. Audience member Mohit Khubani released a video stating that Allahbadia apologized to the contestant multiple times during the show. The contestant reportedly confirmed being comfortable and went on to win the competition.The incident sparked nationwide debates on free speech, digital content regulation, and obscenity laws. Prominent figures defended Allahbadia’s right to expression, while others criticized the show’s content as crude and offensive.

Critics accused the Government of moral policing and using the controversy as a distraction from pressing national issues such as unemployment and pollution. Reports suggested that the government might introduce stricter regulations for digital content following the incident. The controversy continues to fuel discussions on balancing free speech with community standards and the implications of stricter digital content regulations.On 18 February 2025, the Supreme Court granted Allahbadia interim protection from arrest but criticized his remarks as “dirty” and “disgusting.” The Court also banned him from posting content on social media.

Supreme Court Order Summary

In the case of Ranveer Gautam Allahabadia vs. Union of India & Ors.)

(W.P. (Crl.) No. 83/2025 –

Notice issued: Returnable on 03.03.2025.

The FIRs filed against Ranveer Gautam Allahabadia accuse him of committing offences under the following sections of the Criminal Laws. The FIRs essentially cover acts which are obscene or insult the modesty and decorum of women or hurt religious sentiments of the use of contain the following allegations:

1. FIR No. 5 of 2025 (Registered at P.S. Nodal Cyber Police, Thane)

Sections 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Word, gesture or act intended to insult modesty of a woman.

79. Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

Section 196 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony

(1) Whoever— (a) by words, either spoken or written, or by signs or by visible representations or through electronic communication or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities;

Section 296 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Obscene acts and songs.

296. Whoever, to the annoyance of others, — (a) does any obscene act in any public place; or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

Section 299 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

299. Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 67 of the Information Technology Act, 2000 (IT Act): 67. Punishment for publishing or transmitting obscene material in electronic form.

Whoever publishes or transmits or causes to be published or transmitted in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave 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 imprisonment of either description for a term which may extend to three years and with fine which may extend to five lakh rupees and in the event of second or subsequent conviction with imprisonment of either description for a term which may extend to five years and also with fine which may extend to ten lakh rupees.

2. FIR No. 3 of 2025 (Registered at Cyber Police Station, Guwahati, Assam)

Section 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (supra)

Section 95 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Hiring, employing or engaging a child to commit an offence
95. Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself. Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.

294 of the Bharatiya Nyaya Sanhita, 2023 (BNS): Sale, etc., of obscene books, etc.

294. (1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, including display of any content in electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. (2) Whoever—

(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or

296 of the Bharatiya Nyaya Sanhita, 2023 (BNS) (supra)

Sections 4 of the Cinematograph Act, 1952: 4. Examination of films.—

Any person desiring to exhibit any film shall make an application to the Board for a certificate in such form and manner as may be prescribed.

(2)The Board may, after examining the film in such manner as may be prescribed,—

(i)sanction the film for unrestricted public exhibition:Provided that, having regard to any material in the film, if the Board is of the opinion that viewing of such film by any child between seven to eighteen years of age is subject to guidance of parents or lawful guardian, then the Board may sanction the film for unrestricted public exhibition with an endorsement to that effect containing UA marker.

(ii)sanction the film for public exhibition restricted to adults;

(iii)sanction the film for public exhibition restricted to members of any profession or any class of persons having regard to the nature, content and theme of the film;

(iv)direct the applicant to carry out such excisions or modifications in the film as it may deem necessary before sanctioning the film for public exhibition under clauses (i), (ii) and (iii); or

(v)refuse to sanction the film for public exhibition:

Sections 7 of the Cinematograph Act, 1952: 7. Penalties for contraventions of this Part.—

(1)If any person—

(a)exhibits or permits to be exhibited in any place—

(i)any film other than a film which has been certified by the board as suitable for unrestricted public exhibition or for public exhibition restricted to adults or to members of any profession or any class of persons and which, when exhibited, displays the prescribed mark of the Board and has not been altered or tampered with in any way since such mark was affixed thereto,

(ii)any film, which has been certified by the Board as suitable for public exhibition restricted to adults, to any person who is not an adult,

(iia)any film which has been certified by the Board as suitable for public exhibition restricted to any profession or class of persons, to a person who is not a member of such profession or who is not a member of such class

Sections 4 of the Indecent Representation of Women (Prohibition) Act, 1986

Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women.

No person shall produce or cause to be produced, sell, let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representation of women in any form:

Sections 6 of the Indecent Representation of Women (Prohibition) Act, 1986: Penalty

6. Penalty: Any person who contravenes the provisions of section 3 or section 4 shall be punishable on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and in the event of a second or subsequent conviction with imprisonment for a term of not less than six months but which may extend to five years and also with a fine not less than ten thousand rupees but which may extend to one lakh rupees.

• These sections suggest that the allegations likely involve cyber-related offenses, indecent representation, obscenity, or violations of cinematography laws

 

• Arrest in FIRs from Thane and Guwahati related to the Bharatiya Nyaya Sanhita (BNS), IT Act, Cinematograph Act, and Indecent Representation of Women (Prohibition) Act is stayed, provided the petitioner joins the investigation as summoned.

 

• Petitioner not allowed legal counsel inside the police station during investigation.

 

Further directions by the Supreme Court

1. Stay on arrest for any FIR registered in Jaipur on the same allegations.
2. No further FIRs to be registered regarding the same episode aired on the show “India’s Got Latent.”
3. Petitioner may approach local police in Maharashtra and Assam for protection if facing threats.
4. Petitioner to deposit passport with Nodal Cyber Police, Thane, and cannot leave the country without Court permission.
5. Petitioner or associates prohibited from airing any show on YouTube or other platforms until further orders.

Conclusion:
The Supreme Court’s interim protection order in Ranveer Gautam Allahabadia vs. Union of India & Ors. reflects the judiciary’s attempt to balance free speech rights with community standards and public sentiment. While granting protection from arrest, the Court criticized Allahbadia’s remarks as offensive and imposed restrictions on his digital activities. The incident highlights ongoing debates surrounding digital content regulation, freedom of expression, and the potential for stricter oversight in the evolving landscape of online media.

Baddam parichaya Reddy

The Indian Lawyer & Allied Services

Associate

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