Report No. 109

Chapter 4

Change Needed in Section 292, Indian Penal Code

4.1. Whether reform needed.-

Having set out the position under the present statutory framework in India, and having noted certain other developments, we have now to examine the question whether any changes are needed to deter a tendency to publish obscene or indecent advertisements. Prima facie, it would appear that the general provision in the Indian Penal Code, section 292, punishing1 obscene publications, is intended to check and (on one view)2 can be pressed into service for checking obscene advertisements without much difficulty. The definition of obscenity, as enacted in section 292(1), seems to take in all publications that can be reasonably objected to on the score of possible evil effects on the morals of listeners or readers of obscene matter.

1. Para. 2.2, supra.

2. See para. 4.4, infra.