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Report No. 109

3.2. Indecent Advertisements Act, 1989.-

Under the Indecent Advertisements Act, 1889, (as supplemented by later enactments), a person,1 affixing or inscribing on any building walls, post, tree etc. anything whatsoever so as to be visible to a person in any street or footpath or affixing on a public urinal or delivering to any person in street or footpath or exhibiting to public view in the window of a house or shop any picture or printed or written matter which is of an indecent or obscene nature is liable, on summary conviction, to a penalty not exceeding £ 20 or to imprisonment for any term not exceeding one month, any person who gives or delivers to any other person any such pictures or printed or written matter with the intent that it should be so affixed, inscribed, delivered or exhibited is liable, on summary conviction, to penalty not exceeding £ 50 or to imprisonment for a term not exceeding 3 months. A constable or other peace officer may arrest without warrant any person found committing an offence2 against the Indecent Advertisements Act, 1889, wilfully exposing any obscene print, picture etc. in any public place is punishable under the Vagrancy Act, 1824;3 now the Indecent Displays (Control) Act, 1981.

1. Section 3, Indecent Advertisements Act, 1889, as amended and supplemented by section 1(2), Criminal Law Act, 1948, and section 92(1), Criminal Justice Act, 1967.

2. Section 6, Indecent Advertisements Act, 1889, as amended by section 2, Indecent Advertisements (Amendment) Act, 1970.

3. Halsbury's, 4th Edn., Vol. 11 (Criminal Law), paras. 118-119.



Obscene and Indecent Advertisements and Displays - Sections 292, 293 of the Indian Penal Code Back




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