‘India’s Got Latent’ row: Could Ranveer Allahbadia, Samay Raina be punished for obscenity?

The controversy surrounding podcaster Ranveer Allahbadia’s comments on comedian Samay Raina’s popular show ‘India’s Got Latent’ continues to intensify.

The Maharashtra cyber police have registered an FIR against Allahbadia, Samay Raina, and other artists, accusing them of creating and airing obscene content on the show.

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This is the second FIR against the duo, following a previous case filed by Assam police.

Allahbadia, a well-known podcaster and content creator with millions of followers, is now facing backlash from ‘disappointed’ audiences.

The Indian judiciary has often dealt with cases where public figures’ work or actions have been deemed ‘obscene.’ But in this instance, what does the law state?

Let’s find out:

‘India’s Got Latent’ controversy: What the law says

If you are wondering what Indian law says about this issue and the legal consequences Ranveer and Samay Raina might face, here’s a breakdown.

Section 294 of the Bharatiya Nyaya Sanhita (BNS) penalises individuals involved in selling, importing, exporting, advertising, or profiting from obscene material, including books, paintings, and figures. It also covers the “display of any content in electronic form.”

The law defines obscene material as that which “is lascivious or appeals to the prurient interest” - content that is excessively sexual - or anything that “tend[s] to deprave and corrupt persons who are likely…to read, see or hear the matter contained or embodied in it.” A first-time offence can lead to imprisonment for up to two years and a fine of up to Rs. 5,000.

A similar controversy arose in 2015 when All India Bakchod (AIB) was booked on obscenity charges for their widely debated roast. Mumbai Police registered a case against them for the show’s “obscene” content, eventually leading to its shutdown.

Obscenity laws in India aim to balance the right to free speech under Article 19(1)(a) of the Constitution with prevailing standards of decency and morality. While free expression is protected, the Constitution permits reasonable restrictions in the interest of public order and morality.

Also, publishing or transmitting obscene content online is punishable under Section 67 of the Information Technology Act, 2000. This section defines obscenity in the same manner as Section 294 of the BNS (formerly Section 292 of the Indian Penal Code, 1860) but carries stricter penalties - up to three years imprisonment and a fine of up to Rs. 5 lakh for a first offence.

What is the entire controversy?

If you are still unaware of the uproar over Allahbadia’s remarks on Samay Raina’s show, here’s a breakdown.

The controversy began when Allahbadia posed a shocking question to a contestant: “Would you rather watch your parents have sex for the rest of your life, or would you join in once and stop it forever?”

A clip of the moment quickly went viral, sparking widespread outrage on social media.

The matter escalated further as politicians weighed in, with even Maharashtra Chief Minister Devendra Fadnavis commenting on the issue.

On Monday (February 10), Allahbadia posted a 52-second apology video on X and Instagram. “My comment wasn’t just inappropriate, it wasn’t even funny. Comedy isn’t my forte. I am just going to say sorry.”

He also acknowledged concerns about his influence on young audiences, pledging to be more responsible with his platform. “Family is the last thing that I would ever disrespect,” he said.

Allahbadia also urged the producers of ‘India’s Got Latent’ to remove the “insensitive sections” from the episode featuring his remarks. “I have asked the makers of the video to remove the insensitive sections. All I can say in the end is sorry. I hope you can forgive me as a human being,” he concluded.

From public outrage to complaints to discussion in Parliament

Allahbadia, best known for his YouTube channel ‘BeerBiceps’, has sparked outrage, drawing reactions from various industry bodies.

The All Indian Cine Workers Association (AICWA) issued a statement strongly criticising his remarks. “The All Indian Cine Workers Association (AICWA) vehemently condemns the reprehensible and offensive remarks made on the YouTube show ‘India’s Got Latent’. Such disgraceful content is utterly unacceptable and poses a significant threat to the moral fabric of our society.”

The controversy has led to a massive uproar, with multiple police complaints filed against Allahbadia, host Samay Raina, and content creators Ashish Chanchlani, Jaspreet Singh, and Apoorva Mukhija. They have been accused of promoting obscenity and engaging in sexually explicit discussions on the show.

As social media backlash grows, Allahbadia now faces legal trouble. Mumbai Police visited his residence on Tuesday following complaints against him. Officers also launched an investigation and visited Khar’s Habitat building, where the episode of ‘India’s Got Latent’ featuring Allahbadia was filmed.

Two Mumbai lawyers, Ashish Rai and Pankaj Mishra, lodged a complaint against Allahbadia, Raina, Chanchlani, Singh, and Mukhija (known as The Rebel Kid) over their alleged use of “abusive language” and “obscene” remarks about parents, women, and their bodies.

The controversy has now reached Parliament. A Parliamentary panel on Information Technology is considering summoning Allahbadia to answer questions about his comments on ‘India’s Got Latent’. Earlier, Shiv Sena (UBT) MP Priyanka Chaturvedi stated that she would raise the matter in the Standing Committee on Communications and Information Technology.

With police and politicians now involved, it appears this controversy is far from over for these influencers.

With inputs from agencies