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

Summary

This section defines what counts as obscene and lists actions related to obscene material that are punishable. An object is considered obscene if it is sexually suggestive, appeals to lustful thoughts, or if its overall effect could morally corrupt people who are likely to see or hear it. It is illegal to sell, rent, distribute, publicly display, make, or possess any obscene item for these purposes. It is also illegal to import, export, or transport such items, to profit from a business dealing in them, to advertise their availability, or to attempt any of these acts. For a first offence, the punishment is up to two years in prison and a fine of up to two thousand rupees; for a second or later offence, the punishment is up to five years in prison and a fine of up to five thousand rupees.

Official Text

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, 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.
Whoever:
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, reduces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
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
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
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
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 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.

Referred to by

• CrPC §94 — Search of place suspected to contain stolen property, forged documents, etc
• CrPC §108 — Security for good behaviour from persons disseminating seditious matters

Related Judgments

• INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) & ANR. vs THE STATE OF MAHARASHTRA & ORS — Supreme Court of India (2019)
• SAMARESH BOSE AND ANR. vs AMAL MITRA AND ANR — Supreme Court of India (1985)
• RANJIT D. UDESHI vs STATE OF MAHARASHTRA — Supreme Court of India (1964)
• SHARAT BABU DIGUMARTI vs GOVT. OF NCT OF DELHI — Supreme Court of India (2016)
• THE STATE OF UTTAR PRADESH vs AMAN MITTAL & ANR — Supreme Court of India (2019)

Old <-> New Code Mapping

• BNS §294 — Sale, etc., of obscene books, etc