Sale, etc., of obscene books, etc.
- (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—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into
circulation, or for purposes of sale, hire, distribution, public exhibition or circulation,
makes, produces or has in his possession any obscene book, pamphlet, paper, drawing,
painting, representation or figure or any other obscene object whatsoever in whatever
manner; or
(b) imports, exports or conveys any obscene object for any of the purposes
aforesaid, or knowing or having reason to believe that such object will be sold, let to
hire, distributed or publicly exhibited or in any manner put into circulation; or
(c) takes part in or receives profits from any business in the course of which he
knows or has reason to believe that any such obscene objects are, for any of the
purposes aforesaid, made produced, purchased, kept, imported, exported, conveyed,
publicly exhibited or in any manner put into circulation; or
(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
(e) offers or attempts to do any act which is an offence under this section,
shall be punished on first conviction with imprisonment of either description for a term which
may extend to two years, and with fine which may extend to five 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 ten thousand
rupees.
Exception.—This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, representation or
figure—
(i) the publication of which is proved to be justified as being for the public
good on the ground that such book, pamphlet, paper, writing, drawing, painting,
representation or figure is in the interest of science, literature, art or learning or
other objects of general concern; or
(ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented
on or in—
(i) any ancient monument within the meaning of the Ancient Monuments
and Archaeological Sites and Remains Act, 1958; or
(ii) any temple, or on any car used for the conveyance of idols, or kept or
used for any religious purpose.