IPC Section 292 - Sale, etc., of obscene books, etc

292. Sale, etc., of obscene books, etc. 2[(1) For the purposes of sub-section (2), a book, pamphlet,

paper, writing, draw ing, 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, 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.]

3[(2)] Whoever--

(a) sells, le ts to hire, distributes, publicit y 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, 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, expo rted, 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 4[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].

5[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, pap er, 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 (24 of 1958), or

(ii) any temple, or on any car used for the conveyance of idols, or kept or us ed for any

religious purpose.]]