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Report No. 276

2. Indian Penal Code, 1860

5.4 Sub-section (1) of section 292 of the Indian Penal Code provides for a "matter" to be obscene if: [I]t 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.

5.5 Sub-section (2) supplements Sub-section (1) of Section 292 by laying down a list of instances as also the penalties of offences covered under this provision. Section 294 strikes at punishing anyone who "to the annoyance of others does any obscene act in a public place or sings, recites or utters any obscene song, ballad or words, in or near any public place".

5.6 These provisions of the IPC may be attracted if any obscene matter is used for the purpose of advertising 'Betting and Gambling' activities.



Legal Framework - Gambling and Sports betting including Cricket in India Back




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