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Report No. 109

5.2. Questions considered.-

Prima facie, it would appear that the law should cover such acts. The Constitution in Article 19(2), permits such legislation and it would seem that, on the merits, there is a case for punishing public display of indecent matter. No doubt, a pretty large number of writings, pictures and gestures which are indecent on the score of their sexually explicit character would also be obscene, in the sense of, the likelihood of depraving and corrupting the minds of the audience or the readers. But, at least in theory, one can conceive of indecent matter that is not obscene. Although the amount of harm caused by its display or publication may be negligible and its frequency may not be alarming, the matter requires consideration. It may be mentioned that section 292 of the Indian Penal Code1 does not punish the publication of indecent matter as such.

1. Chapter 2, supra.

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

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