A book, pamphlet, paper, writing, drawing, painting, representation, figure, or any other object is deemed to be obscene if it is lascivious or appeals to the prurient interest or it tends to deprave and corrupt persons who are likely to see, read or hear the matter. In order to make the law relating to the publication of obscene matters or objects deterrent, the section provides for enhanced punishment. The section does not extend to:
- any book, pamphlet, paper, writing, drawing, painting, representation or figure:-
- the publication of which is proved to be justified on the ground of public good,
- which is kept or used bona fide for religious purposes,
- any representation sculptured, engraved, painted or otherwise represented on or in:-
- any ancient monument,
- any temple, or on any car used for the conveyance of idols, or kept or used for religious purpose.
- sells, lets to hire, distributes, or publicly exhibits or circulates any obscene book, pamphlet, paper, drawing, painting, representation or figure or any obscene objects,
- imports, exports, or conveys any obscene object for any of the above purposes,
- taking part in or receiving profits from any business conducted for the above mentioned purposes,
- advertises that any person is engaged in any of the above mentioned acts, or that any obscene object can be got from that person,
- attempting to do any act which is an offence under this section.
shall be punished on first conviction with imprisonment which may extend to two years, and also with fine which may extend to two thousand rupees, and in second or subsequent conviction with imprisonment which may extend to five years, and also with fine which may extend to five thousand rupees.