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1 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, 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 2[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].
3[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 of 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 or 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.]]
1. S. 292 renumbered as sub-section (2) of that section by Act 36 of 1969, s. 2. (w.e.f. 7-9-2023).
2. Subs. by Act 36 of 1969, sec.2, by certain words (w.e.f. 7-9-2023).
3. Subs. by Act 36 of 1969, sec.2 for Exception (w.e.f. 7-9-2023).
STATE AMENDMENTS
State of Orissa
Same as in Tamil Nadu [Vide Orissa Act No. 13 of 1962]
State of Tamil Nadu
In Section 292 the words "shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both" substitute the following, namely: --
"Shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:
Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not bee less than six months and not more than two years and with fine."
[Vide T.N. Act No. 25 of 1960]
State of Orissa
Section 292A
Same as in Tamil Nadu [Vide Orissa Act No. 13 of 1962]
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