Report No. 109

4.2. Scheme of section 292, I.P.C.-

However, as will be indicated presently, there is scope for improvement in certain respects in the law as contained in section 292. We first address ourselves to a lacuna in existing section 292(2). For understanding this lacuna, it is desirable first to analyse section 292. Leaving aside the Exception to the section,1 the scheme of the section is as follows. The section does not begin with the substantive penal provision, but with a definition of "obscene" [contained in sub-section (1)]. The penal provision creating and punishing the offence appears in sub-section (2). Here also, one can concentrate on clause (a), the remaining clauses not being material for the present purpose.

1. Para. 2.2, supra.