Laws related to pornography in india
suman_shekhar
(Querist) 04 May 2012
This query is : Resolved
Where can I get all the Laws regarding Pornography in India?
Thanks
Nadeem Qureshi
(Expert) 04 May 2012
Dear Jai Singh
Please read Below:
Section 292. Sale, etc., or obscene books, etc
1[292. Sale, etc., of obscene books, etc.— 2[(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, 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 person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.]
3[(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, 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 4[on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two 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 five thousand rupees].
5[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.]]
CLASSIFICATION OF OFFENCE
Punishment—On first conviction, with imprisonment for 2 years, and with fine of 2,000 rupees, and, in the event of second of subsequent conviction, with imprisonment for five years and with fine of 5,000 rupees—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
STATE AMENDMENTS
Orissa
Same as in Tamil Nadu.
[Vide Orissa Act 13 of 1962, sec. 2 (w.e.f. 16-5-1962)].
Tamil Nadu
In section 292, for the words “shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both” substitute the following, namely:—
“shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:
Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months and not more than two years and with fine.
[Vide Tamil Nadu Act 25 of 1960, sec. 2 (w.e.f. 9-11-1960)].
Orissa
Section 292A
Same as in Tamil Nadu.
[Vide Orissa Act 13 of 1962, sec. 3 (w.e.f. 16-5-1962)].
Tamil Nadu
After section 292, insert the following new section namely:—
292A. Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail.—Whoever,—
(a) prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail; or
(b) sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or
(c) conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire distributed or publicly exhibited or in any manner put into circulation; or
(d) takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased; or
(e) 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 newspaper, periodical, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail, can be procured from or through any person; or
(f) offers or attempts to do any act which is an offence under this section *[shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both]:
Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months **[and not more than two years].
Explanation I
For the purposes of this section, the word scurrilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person:
Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of—
(i) a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; or
(ii) any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further.
Explanation II
In deciding whether any person has committed an offence under this section, the court shall have regard inter alia, to the following considerations—
(a) The general character of the person charged, and where relevant the nature of his business;
(b) the general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail;
(c) any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section.
[Vide Tamil Nadu Act 25 of 1960, sec. 3 (w.e.f. 9-11-1960)].
feel free to call
suman_shekhar
(Querist) 04 May 2012
Thanks very much, is this law applicable against Sunny Leone.
Her participation in filming of Jism 2, its shooting and other related matters are promoting her Porn Business through her websites etc.
She is generating income from various Indians of all ages, her identity itself is a promoting factor.
She is also promoting 'Shaze' brand of mobile.
People visit her site and other stuff to know who she is?
In an indirect manner, she is earning money for her porn business through India.
As you are the expert, please brief me about it.
Devajyoti Barman
(Expert) 04 May 2012
She is not doing this 'stuff' in India anor any business concern is doing business of what she has done previoulsy.
In stead of going after certain Sunny Leone, why don't you chase some burning problem in India like poverty, corruption.
R.K Nanda
(Expert) 04 May 2012
Read IPC to know the concerned laws in
detail,
ajay sethi
(Expert) 04 May 2012
you had raised this query earlier too regarding sunny leone and movie .
SAINATH DEVALLA
(Expert) 04 May 2012
Jai Singh,
You are again back with the same issue in a new thread.You are only after Sunny Leone,who has not violated any law in India.Day and night I feel you are thinking of her only.I understand your concern for Bharatiya culture and traditions.But if you have the ways an means try to stop her movie being screened in India.Can you do so?No,you can't.Hence forget it and concentrate something materialistic.
Mr.Nadeem,you have given too much of information to Jai.
suman_shekhar
(Querist) 05 May 2012
With reference to Devajyoti Barman's reply, Porn is a Corruption of Mind and Poverty is related to Porn.
Why do people do porn, cause they don't want "Poverty"?
What happens when people watch porn - "Corruption of Mind"
So you see everything is related to each other and I think you should widen the scope of your mind towards this issue.
I might sound like someone obsessed with sunny but here is what I feel:
When is saw sunny first in big boss 5, I started to have a feeling that she will do a lot of damage to Indian society as compared to any of the katrinas, bipahsas etc. Sunny has has already done that to a large extent.
She is a porn star and has come openly in front of us, this has not happened before. There was a fear and a sense of shame in going public for the likes of her. She has become a role model for others and its disgusting to see to see someone like her shine.
I foresee an 'Era of Pornography' ushering in India, in a major way. Perhaps, it will become legal in India. Nobody is stopping her, that means we have accepted her and what's to follow, worries me. Do we need another type of corruption to fight with when we already have so many?
So, understand me as to "Why I insist on stopping her?"
I am no Saint or Seer but as an Avid Observer of the Society and it's Trends, I have provided a Logical Fact.
MR. ajay sethi why bother replying to my query when you cannot guide me. If you think it is a wastage of time, feel free to ignore me.
ashutosh mishra
(Expert) 05 May 2012
The following section of The Information technology Act read togather with provisions
of IPC cited above is the law you wanted to know:
"67. Publishing of information which is obscene in electronic form.- Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend t 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, shall be punished on first conviction with imprisonment of either description for a term which may exte d to five years and with fine which may extend to one lakh rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with fine which may extend to two lakh rup es."
The rest of discussions are not desirable by you here at this plate form.LCI should not be viewed by you as a plate form to research psychology behind watching porn or gains porn stars getting in one way or the other.
Shonee Kapoor
(Expert) 06 May 2012
Academic query.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
S.B.adil rahman
(Expert) 05 July 2012
Sunny Leone and jay Singh?Why Jai Singh is after Sunny Leone? Many Sunny Leone who do not have access and resources of rescue are languishing in brothels. If you are an activist for protecting women rights, please go aheadwithin the legal means for which you have to engage a lawyer of the same field having expertise.If you are thinking that Sunny Leone is adversely affecting the business of other Sunny Leone or your client then please try to copy right the acts and gestures of your cleints so that Sunny may restict her activities. But please Jai Singh, why are you so much concerned about the oldest profession of the world? Please share some of your feelings with us also to analyse the psychology and behaviour enabling us to enrich our knowledge.
Guest
(Expert) 05 July 2012
You may better file a case in the court of law against the concerned person, if you are so sure that she is violating any law.
suman_shekhar
(Querist) 10 July 2012
Thanks PS Dhingra for your suggestion but most of the replies suggest me that there is no case and if experts are telling me this.....I don't think I will file a case though I wish I could.
suman_shekhar
(Querist) 10 July 2012
Mr. S.B.adil rahman, I have already put forth my views and comments regarding sunny leone 2 months back in response to Mr. Devajyoti Barman's reply.
However I will reply to your reply - When you start giving explanation for low moral acts it inadvertently becomes an excuse for indulging in such acts. It also becomes a discouraging factor against such acts.Just because something has been established for long time and continues to thrive doesn't mean it should continued to be accepted. We are already aware of the new generation being exposed to western trends and attitude.
I can go and on but.....what is the point?
S.B.adil rahman
(Expert) 10 July 2012
Mr. Jai singh, thank you very much for your comments. The million dollars question is as to who stops you from filing cases against Sunny Leone or Mr.Mahesh Bhatt? If some western culture is swallowing your eastern culture then act quickly instead of seeking lengthy advises for months together.If you can not engage any advocate for any otherwise reasons then please appear personally and let us know about the result. And last but not the least about your sermon "When you start giving explanation for low moral acts it inadvertently becomes an excuse for indulging in such acts. It also becomes a discouraging factor against such acts".Please note that this is a forum for the genuine help seekers and exchange of views and laws. or rulings. Your issue has been dragged too long. Would not it be a favour to all of us if you close this luxarious issue?
suman_shekhar
(Querist) 20 July 2012
Mr. S.B.adil rahman, My answer towards the comment (and not sermon)"When you start giving explanation for low moral acts it inadvertently becomes an excuse for indulging in such acts. It also becomes a discouraging factor against such acts",
These have been said in General and not towards you.
So you being so much concerned about this issue, I urge you to take the action, you being the PRO and me being a Layman. Snubbing an issue like this is good for the forum but not otherwise.
For the forum I can assign the status of this query as "Resolved" but then, this issue is "Unresolved" in more ways than I can describe.
