REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 47] NEW DELHI, MONDAY, SEPTEMBER 8, 1969/BHADRA 17,1891
Separate paging is given to this Part in order that It may be filed
as a separate compilation.
MINISTRY OF LAW
(Legislative Department)
New Delhi, the 8th. September, 1969/Bhadra 17, 1891 (Saka)
The following Act of Parliament received the assent of the President on the 7th September, 1969, and is hereby published for general informa- tion:—
THE INDIAN PENAL CODE (AMENDMENT) ACT, 1969
No. 36 OF 1969
[7th September, 1969]
An Act further to amend the Indian Penal Code and to provide
for matters incidental thereto.
BE it enacted by Parliament in the Twentieth Year of the Republic of
India as follows: —
1. This Act may be called the Indian Penal Code (Amendment) Act,
1969.
Short
title.
2. In the Indian Penal Code,—
(a) section 292 shall be re-numbered as sub-section (2) thereof and before sub-section (2), as so re-numbered, the following sub- section shall be inserted, namely: —
Amend-
ment
of section
292 of Act
43 of I860.
"(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation figure or any
367
3;8 THE GAZETTE OF INDIA EXTRAORDINARY LPAHT IIother object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it com- prises 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.";
(b) in sub-section (2) of section 292, as so re-numbered,—
(i) for the words "with imprisonment of either description for a term which may extend to three months, or with fine, or with both", the words "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" shall be sub- stituted;
(ii) for the Exception, the following Exception shall be sub- stituted, namely:—
"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 justi- fied 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;
(6) any representation sculptured, engraved, painted
or otherwise represented on or in—
24 of 19S8.
(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 con- veyance of idols, or kept or used for any religious purpose.";
(c) in section 293, for the words "with imprisonment of either description for a term which may extend to six months, or with fine, or with both", the words "on first conviction with imprisonment of either description for a term which may extend to three 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 seven years, and elso with fine which may extend to five thousand rupees" shall be substituted.
SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3693. In the Code of Criminal Procedure, 1898,-—
(a) in sub-section (1) at section 99A,—
(i) for the words "seditious matter", the words "seditious or
obscene matter", and
Amena- ment of sections 99A, 108 and Schedule II of Act oof1B08 (ii) for the words "punishable under section 124A or section 153A or section 295A", the words "punishable under section 124A or section 153A or section 292 or section 293 or section 295A",
shall be substituted;
(b) in section 108,—
(1) after the words "who, within or without such limits,", the-
brackets and figure " ( i )" shall be inserted;
(2) after clause (c), the following shall be inserted,
namely:—•
(ii) makes, produces, publishes or keeps for sale, im- ports, exports, conveys, sells, lets to hire, distributes, public- ly exhibits or in any other manner puts into circulation any obscene matter such as Is referred to in section 292 of the Indian Penal Code,";
45 of 1860,
43 of 1860.
(c) in Schedule II, for the entries relating to sections 292 and 293 of the Indian Penal Code, the following entries shall be substituted, namely:—
2
7
I
6
7
4
5
"292
Warrant Bailable
Sale" etc., of
Court o) Session.
(
obscene book.r etc.
May arrest without warrant.
Not com- pound- ab'e.
On firs; conviction with imprisonment of either descrip- tion 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 sub- sequent conviction, with imprisonment of either description for a term wh>ch may extend to five years, and also with fine which may extend to five thousand rupees.
370 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1 2 4 6 7 S r 5Bai'ab'e Not
Warrant
Sale ctc.i of
393
Court of" Session.' .
COT- potmd-
May arrest without warrant.
ab'c-
obscene objects to yound 1 ersons.
On first convict on with i nprison- tnent of ckhcr d e s c r p t on for a term wh'ch ;vay extend to three years, and with line which may extend to two thousand lupecs, and, in the event of a second or sub- Sequent conviction with imprisonment of either descrip- tion for a term which may extend to sevm ycarSj and also w,th fint which may extend to five thousand rupees.
N. T>, P. NAMB0ODIRIPAD, Joint Secy, to the Govt. of India.