(1) For the purposes of sub-section (2), a book, pamphlet,
paper, writing, drawing, painting, representation, figure or any other object, including display of any
content in electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient
interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its
items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard
to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
(2) Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for
purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his
possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any
other obscene object whatsoever in whatever manner; or
(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing
or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited
or in any manner put into circulation; or
(c) takes part in or receives profits from any business in the course of which he knows or has
reason to believe that any such obscene objects are, for any of the purposes aforesaid, made
produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put
into circulation; or
(d) advertises or makes known by any means whatsoever that any person is engaged or is ready
to engage in any act which is an offence under this section, or that any such obscene object can be
procured from or through any person; or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished on first conviction with imprisonment of either description for a term which may
extend to two years, and with fine which may extend to five thousand rupees, and, in the event of a
second or subsequent conviction, with imprisonment of either description for a term which may extend to
five years, and also with fine which may extend to ten thousand rupees.
Exception.—This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure—
(i) the publication of which is proved to be justified as being for the public good on the ground
that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest
of science, literature, art or learning or other objects of general concern; or
(ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented on or in—
(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological
Sites and Remains Act, 1958 (24 of 1958); or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious
purpose.
Section 294. Sale, etc., of obscene books, etc.
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