What is Section 292 IPC? Sale, etc., of obscene books, etc.
Published on: Lawiz Team
Learn about Section 292 IPC: Sale, etc., of obscene books, etc.
Official Legal Text
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, 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 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.
Exception: This section does not extend to—
(i) any book, pamphlet, paper, writing, drawing, painting, representation or figure—
(a) 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
(b) which is kept or used bona fide for religious purposes;
(ii) any representation sculptured, engraved, painted or otherwise represented on or in any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or any other law for the time being in force.
What This IPC Section Means – Explained in Simple Words
Section 292 punishes anyone who sells or distributes obscene books, pamphlets, or objects.
Purpose
To regulate the distribution and sale of obscene materials.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: First Conviction - Imprisonment up to 2 years, and fine up to 2,000 rupees; Subsequent Conviction - Imprisonment up to 5 years, and fine up to 5,000 rupees.
Key Elements
1. Sale, distribution, or public exhibition. 2. Of obscene books, pamphlets, or objects.
Punishment Details
Imprisonment for a term which may extend to two years, or with fine, or with both.
Example
Selling a book with obscene content in a public place.
Legal Reference
Indian Penal Code, 1860 - Section 292
Related Sections
Section 293 - Sale of obscene objects to young persons
FAQs
What is Section 292 IPC about?
Official legal meaning and explanation of Section 292 IPC.
What is the punishment under Section 292 IPC?
Punishment details under Section 292 IPC.
Is offence under Section 292 IPC bailable?
Depends on the seriousness and nature of offence under Section 292 IPC.
Is Section 292 IPC a cognizable offence?
Generally based on severity; needs proper case-by-case analysis.
How to file a case under Section 292 IPC?
Visit local police station, file FIR, submit necessary evidence.
How can a person defend against Section 292 IPC charges?
Possible defences include lack of intention, false accusation, or absence of legal ingredients.
Which court handles cases under Section 292 IPC?
Usually Magistrate Court or Sessions Court depending on punishment prescribed.