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

1. 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.
2. Whoever
   1. 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
   2. 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
   3. 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
   4. 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
   5. offers or attempts to do any act which is an offence under this section, shall be punished 1 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.

Exceptions

This section does not extend to –

1. any book, pamphlet, paper, writing, drawing, painting, representation or figure
   1. 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 or learning or other objects of general concern, or
   2. which is kept or used bona fide for religious purposes;
2. any representation sculptured, engraved, painted or otherwise represented on or in
   1. any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958), or
   2. any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

IPC Section 292: Simplified Explanation 

IPC Section 292 of the Indian Penal Code (IPC) deals with the sale, distribution, and exhibition of obscene materials. This section aims to regulate and penalise the dissemination of obscene content that can corrupt public morals and decency. 

Key Elements: 

1. Obscene Material: The material in question must be considered indecent. 

2. Actions Covered: This includes selling, letting to hire, distributing, publicly exhibiting, or in any manner putting into circulation obscene books, pamphlets, paper, writing, drawing, painting, representation, figure, or any other obscene object. 

3. Intent: The intention behind these actions must be to harm public morals and decency. 

Definition of Obscene: 

According to the IPC, a book, pamphlet, paper, writing, drawing, painting, representation, figure, or any other object is deemed to be obscene if it tends to deprave and corrupt persons who are likely to read, see, or hear the matter contained in it. 

Is IPC Section 292 Bailable? 

Yes, IPC Section 292 is a bailable offence. This means that an accused person has the right to be released on bail by providing a security amount and a bail bond. A police officer or a magistrate can decide to grant bail. 

IPC Section 292 Punishment 

The punishment for an offence under IPC Section 292 includes: 

1. First Conviction: 

• Imprisonment: The convicted person can be imprisoned for up to two years. 
• Fine: The person can also be liable to pay a fine, which may extend up to two thousand rupees. 
• Both: In some cases, the court may impose imprisonment and a fine. 

2. Second or Subsequent Conviction: 

• Imprisonment: The convicted person can be imprisoned for up to five years. 
• Fine: The person can also be liable to pay a fine, which may extend up to five thousand rupees. 
• Both: In some cases, the court may impose imprisonment and a fine. 

Example of IPC Section 292 

A shop owner was found selling explicit magazines and DVDs depicting pornographic content to minors. This activity was reported to the local police, who conducted a raid and confiscated the obscene materials. The shop owner was charged under IPC Section 292 for selling and distributing obscene content. 

In court, it was proven that the shop owner’s actions were intended to corrupt public morals, particularly those of minors. Consequently, he was sentenced to one year of imprisonment and fined two thousand rupees, highlighting the strict legal measures against disseminating obscene materials and protecting public decency and morals.