Watching obscene films at a private residence was not illegal “public exhibition”, ruled the Bombay High Court yesterday following a 2008 “rave party” in a Lonavala.

Police alleged that at the party on 26 August 2008 at a Lonavala cottage male party guests were “intoxicated, were throwing money at dancing women, and [were] watching a porn film”, reported DNA.

However, the court agreed that because the film was watched at a private residence which was not a hotel or lodge, it could not be a “public place” and flal under section 292 of the Indian Penal Code (public exhibition of obscene material). Police had charged 28 men and 11 women, some of whom were “customs officials” according to DNA.

The prosecution did not argue that it constituted “public exhibition” because anyone from the public could have walked into the party at any time, said Justice Tahiltramani, dismissing the proceedings.