Indian Penal Code 292

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Indian Penal Code Section 292:

Sale, etc., of obscene books, pamphlets, etc.— 261 [ (1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, 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,
262 [(2) ] Whoever—

(a) sells, hires, distributes, publicly exhibits or in any way puts into circulation any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object, or makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure for the purposes of sale, hire, distribution, public exhibition or circulation, or

(b) imports, exports, or transports any indecent object for any of the aforementioned purposes, knowing or having reason to believe that such object will be sold, rented, distributed, publicly displayed, or otherwise placed into circulation, or

(c) participates in or receives profits from any business in which he knows or has reason to believe that any such obscene objects are made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited, or otherwise put into circulation for any of the aforementioned purposes; or

(d) advertises or makes known by any means that a person is engaged or prepared to engage in conduct constituting an offense under this section, or that such an indecent object may be obtained from or through a person, or

(e) offers or attempts to commit any act constituting an offense under this section, shall be punished pursuant to section 263 [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 of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees].

[(Exception) — 264]This subsection does not include—

(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure — (i) the publication of which is proven to be justified as being for the public good on the basis that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art, learning, or other objects of general concern, or (ii) which is kept or used bona fide for religious purposes;

(b) any representation sculpted, engraved, painted, or otherwise represented on or in— (i) any ancient monument as defined by the Ancient Monu­ments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

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