REGISTERED No. D. 221

The Gazette

of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 23] NEW DELHI,

FRIDAY, APRIL 19, 1963/CHAITRA 29, 1885]

LOK SABHA

The following Bills were introduced in Lok Sabha on the 19th

April, 1963: —

BILL NO. 17 OF 1963

A Bill further to amend the Indian Penal Code and the

Code of

Criminal Procedure, 1898.

BE it enacted by Parliament in the Fourteenth Year of the Re-

public of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Criminal Law Amendment

Act, 1963.

(2) It extends to the whole of India except the State of Jammu

and Kashmir.

Short tide

and extent.

45 of 1860.

CHAPTER II

AMENDMENTS TO THE INDIAN PENAL CODE

2. In section 292 of the Indian Penal Code, for 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",

the following shall be substituted, namely: —

"shall be punished with imprisonment of either description for a

term which may extend to two years, or with fine, or with both;

Amendment

of section

292.

(365)

366

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[PARI II

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 be less than six months

and not more than two years and with fine."

3. After section 292 of the Indian Penal Code, the following sec-

tion shall be inserted, namely: —

tmcrtion of

new section .

?92A*

"292A. Whoever—

(a) prints or causes to be printed in any newspaper, perio-

dical or circular, or exhibits

or causes to

be exhibited, to

public view or distributes or causes to be distributed or in any

manner puts into circulation any picture or any printed

Written document which is grossly indecent, or is scurrilous or

intended for blackmail; or

Printing etc

of grossly

indecent or

scurrilous

matter or

matter

intended for

blackmail.

(b) by words, either spoken or intended to be read, or by

signs or by visible representations, makes any imputation which

is grossly indecent or is scurrilous or intended for blackmail,

concerning any person; or signs, recites or utters any songs,

ballad or words in or near any public place knowing or having

reason to believe that such songs, ballad or words are of a

nature which is grossly indecent or is scurrilous or intended

for blackmail; or

makes, produces or has in his possession, any picture or any

printed or written document which is grossly indecent

or Is

scurrilous or intended for blackmail; or

(d) conveys any picture or any printed or written docu-

ment which is grossly indecent or is scurrilous or intended for

blackmail knowing or having reason to believe that such pic-

ture or document will be printed, sold, let for hire, distributed

or publicly exhibited or in any manner put into circulation; or ³⁰

(e) takes part in, or receives profits from, any business or

in the course of which, he knows or has reason to believe that,

any such newspaper, periodical, circular, picture or other prin-

ted or written document

is printed,

exhibited,

distributed,

circulated, sold, let for hire, made, produced, kept, conveyed ox

purchased; or

(f) advertises or makes known by any means whatsoever

that any person is engaged, or is ready to engage, in any act

SEC. 2]

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367

which is an offence under this section, or that any such news-

paper, periodical, circular, picture or other printed or written

document which is grossly indecent or is scurrilous or intended

for blackmail, can be procured from or through any person; or

(g) offers or attempts to do any act which is an offence

under this section, 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 be less than six months

and not more than two years and with fine.

Eocplanation I.—For the purposes of this section, the words

'scurrilous¹ shall be deemed to include any matter which is

likely to be injurious to morality or is calculated to harm the

reputation of any person:

Provided that it is not scurrilous to express in good faith

anything whatsoever respecting the conduct of,—

2 0

(i) a public servant in the discharge of his public functions

or respecting his character so far as his character appears in

that conduct and no further, or

(ii) any person touching any public question, and respect-

ing his character, so far as his character appears in that con-

duct and no further.

Eocplanation II,—In deciding whether any person has com-

mitted an offence under this section, the Court shall have

regard, among other things, to the following consideration: —

(a) the general character and dominant effect of the mat-

ter alleged to be grossly indecent or scurrilous or intended for

blackmail;

(b) any evidence offered or called by or on behalf of the

prosecution regarding the general character and dominant

effect of any matter previously printed, exhibited, distributed

or circulated by the accused person;

accused person as to his intention in committing any of the-

acts specified in this section."

368

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[PART II

4. In section 293 of the Indian Penal Code,—

(i) for the words

"any

such obscene object

as is re-

ferred to in the last preceding section", the words, figures and

letter "any such obscene object as is referred to in section 292

or any such newspaper, periodical, circular, picture or other

printed or written document as is referred to in section 292-A"

shall be substituted;

(ii) for the words "which may extend to six months", the

words "which may extend to three years" shall be substituted.

Amendment

of section

393-

CHAPTER III

AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1898

5. In the Code of Criminal Procedure, 1898, in sub-section

(1)

Of section 99-A,—

(a) after the words "the religious beliefs of that class", the

words "or any matter which amounts to defamation"; and

(b) after the words, figures and letter "or section 295-A",

the words and figures "or section 500"

shall be inserted.

5 of 1898.

Amendment

of section

99-A,

Amendment

of section

108.

6. In the Code of Criminal Procedure, 1898, in section 108, after

item (c), the following shall be inserted, namely: —

"(d) any matter which amounts to defamation under

the

Indian Penal Code,"

7. In the Code of Criminal Procedure, 1898, in sub-section (1) of

section 521, after the word and figures "section 292", the word,

figures and letter "section 292-A" shall be inserted.

8. In the Code of Criminal Procedure, 1898, in Schedule II, for

the entries relating to sections 292 and 293, the following

entries

shall be substituted, namely: —

Amendment

of section

521.

Amendment

of Schedule

II.

Sale, etc. of

obscene

books, etc.

Ditto.

Warrant

Ditto

Ditto.

Imprisonment

either descrip-

tion for two

years, or fine,

or both and for

of Magis-

trate

of the

first

class.

SKC. 2]

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369

a second or any

subsequent of-

fence, imprison-

ment of either

description for

a term which

shall not

less than six

months and not

more than two

years and with

fine.

292-A Printing,

Ditto. Ditto. Ditto. Ditto.

Ditto.

Ditto,

sale etc. of

grossly in-

decent or

scurrilous

matter or

matter in-

tended for

blackmail.

293 Sale etc. of Ditto. Ditto. Ditto. Ditto. Imprisonment

Ditto."

obscene

of either <Jcs-

objects and

cription for

grossly

three years, or

indecent or

fine

or both.

scurrilous

matter or

matter in-

tended for

blackmail

to young

persons.

2 0

CHAPTER IV

MISCELLANEOUS

9. If, immediately before the date on which this Act comes into

force, there is in force in any State, any law corresponding to thig

Act. that law shall stand repealed on the said date,

Repeal.

37O

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[PART II

STATEMENT OF OBJECTS AND REASONS

It is a matter of deep concern that Yellow Press in this country

has been growing unchecked and has been indulging very freely in .

scurrilous attacks against persons of status and standing, with im-

punity. The writings are grossly indecent, obscene or intended for

blackmail. Being afraid of giving undue publicity to these infamous

writings, the persons affected are usually reluctant to take legal

action available to them under the ordinary law against such pub-

lishers. There have been a few instances of foreign dignitaries also

being subjected to scurrilous attacks in the press and such attacks

on foreign dignitaries, if allowed unchecked, may have an adverse

impact on friendly relations of our country with foreign countries-

There is at present no Central Act to effectively deal with such

writings after the repeal, in

1957, of the Press

(Objectionable

Matter) Act, 1951. In such a matter concerning the whole of India,

it is desirable that Parliament undertake suitable legislation

combat this evil so that any such legislation may be of a uniform

character applicable

throughout the country. If the growth of -

such writing is not curbed effectively, the Government would be

failing in their duty of protecting the elementary rights of citizens

In a welfare State.

2. It is, therefore, considered that the effective way of combating

the evils of obscenity, scurrility, gross indecency and blackmailing

in writing is—

(1) to provide for the enhancement of the penalty under section

292 of the Indian Penal Code from three months to

two years and also to provide for more deterrent

punishment for a second or subsequent offence;

(2) to penalise printers, publishers, writers etc. of scurrilous

matter which is grossly indecent or intended for black-

mail;

(3) to penalise not only sale, etc. of obscene objects but also

sale etc. of scurrilous writings or writings which are

L grossly indecent or intended for blackmail, to young

and unwary persons or to those of impressionable age;

(4) to enhance the maximum term of imprisonment specified

in section 293 I.P.C. from six months to three years;

SEC. 2J

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371

(5) to penalise persons who indulge in talk which is scurri-

lous, grossly indecent or intended for blackmail;

(6) to demand security for

good behaviour

from

person

disseminating defamatory matters; and

(7) to forfeit to Government publications containing

matter

which are defamatory within the meaning of section

499 I.P.C.

3. It is also proposed to make consequential amendments to the

Code of Criminal Procedure and to repeal the corresponding laws

in force in any of the States.

4. The Bill seeks to achieve the above objects.

T. LAKSHMI KANTHAMMA.

NEW DELHI;

The 14th March, 1963.

372

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[PART II

BILL NO. 14 OF 1963

A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Fourteenth Year of the Re-

public of India as follows: —

1. This Act may be called the Constitution (Amendment) Act,

1963.

2. In article 368 of the Constitution,—

(a) for the words "a majority of the total membership", the

words "a majority of not less than

two-thirds of the

total membership" shall be substituted;

(b) for the word "two-thirds", the word "three-fourths" shall

be substituted.

Short title.

Amendment

of article

368.

SEC 2]

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373

STATEMENT OF OBJECTS AND REASONS

Within the short span of thirteen years, the Constitution has been

amended fourteen times, and two more amending Bills are on the

anvil of Parliament.

While the Constitution must not be regarded as

a rigid, snerosunct document, yet its amendment should not be

resorted to lightly.

The Bill seeks to so amend the Constitutional provision for an

amendment of the Constitution as to ensure that such amendment

subserves not narrow, partisan ends, but genuine national interest

and social justice.

NEW DELHI;

HARI VISHNU KAMATH.

The 21th February, 1963.

M. N. KAUL,

Secretary.

PRINTED IN

INDIA BY THE

GENERAL MANAGEH,

GOVERNMENT OF INDIA

PRESP

NEW DELHI AND

PUBLISHED BY THE

MANAGER OF PUBLICATIONS,

DELHI 1963