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Report No. 29

80. Provisions for publicity.-Special enactments sometimes contain special provisions intended to add to their deterrent effect. The most apt illustration in this context is a provision for publicity. Thus, the Australian Act regarding black-marketing1, makes elaborate provisions for giving publicity to convictions for black-marketing. When a person has been convicted of the offence of black-marketing, then, under the Act--

(i) the court shall require the person convicted to exhibit, outside his place of business, a notice containing particulars relating to the conviction and to keep it exhibited continuously for not less than three months;

(ii) the court may require him to print on the invoices, accounts letter-heads to be used by such person in business, during a period of not less than three months, a notice regarding his conviction, containing such particulars as the court determine;

(iii) the Attorney-General may direct that the particulars regarding the conviction may be broadcast;

(iv) particulars regarding the conviction are to be published in the Gazette, and, if so directed by the Attorney-General, also in a newspaper.

Somewhat similar provisions are found in the Act that was in force on the subject in West Bengal2.

Provisions for publicity are found in some Central Acts also.3-4-5

1. The (Australian) Black-marketing Act (49 of 1942), sections 12, 13 and 14.

2. Sections 20 and 21, West Bengal Black-marketing Act (32 of 1948) (repealed by West Bengal Act 33 of 1954).

3. See section 16(2), Prevention of Food Adulteration Act, 1954 (37 of 1954).

4. See also section 287 of the Income-tax Act, 1961 (43 of 1961), and the recommendation made in the Report of the Direct Taxes, etc. Committee, (1958-59), pp. 186-187, paras. 7.87, 7.88.

5. See also section 35, Drugs and Cosmetics Act, 1940 (23 of 1940).

Proposal to include certain Social and Economic Offences in the Indian Penal Code Back

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