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Report No. 156

Clause 123

12.45. After section 292 a new section 292A is sought to be inserted. Under this clause the new section deals with an offence of printing etc. of grossly indecent or surreptitious matter or matter intended for blackmailing. A perusal of this new section shows that the object of inserting the same is to prevent the irresponsible way of printing newspapers, periodicals or other exhibits meant for public view in such matter when the same is intended for blackmailing.

This will be a good check on such printings etc. which are grossly indecent. This section also provides for a minimum punishment if the same offence is committed again on the same lines as we find in section 292. There are also explanations to this new section dealing with good faith etc. Explanation 2 gives certain guidelines to the court and provides certain considerations regarding general character of the person incharge etc. to be taken into consideration by the court.

However, we are of the view that the sentence may be made three years so that it may be on par with the new section 292A to be inserted. Further, in conformity with our recommendations on sentencing policy vide Chapter II, the punishment under this proposed new section 292A should also be imprisonment and fine.

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