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INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986
60 of 1986
23rd December, 1986
STATEMENT OF OBJECTS AND REASONS The law relating to obscenity in this country is codified in sections 292,293 and 294 of the Indian Penal Code. In spite of these provisions, there is a growing body of indecent representation of women or references to women in publications, particularly advertisements, etc. which have the effect of denigrating women and are derogatory to women. Though there may be no specific intention, these advertisements, publications, etc. have an effect of deproving or corrupting persons. It is, therefore, felt necessary to have a separate legislation to effectively prohibit the indecent representation of women through advertisements, books, pamphlets, etc. The salient features of the Bill are :- (a) Indecent representation of women has been defined to mean for depletion in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent or derogatory to or denigrating, women, or is likely to deprove, corrupt or injure the public morality or morals. (b) It is proposed to prohibit all advertisements, publications etc. which contain indecent representation of women in any form. (c) It has also been proposed to prohibit selling, distribution, circulation of any books, pamphlets etc. containing indecent representation of women. (d) Offences under the Act are made punishable with imprisonment of either description for a term exceeding to two years and fine extending to two thousand rupees on first conviction. Second and subsequent convictions will attract a higher punishment. 2. The Bill seeks to achieve the aforesaid objects. -Gaz. of Ind., 20-8-1986, Pt. II, S. 2, Ext., p. 17 (No. 38).
An Act to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Indecent Representation of Women (Prohibition) Act, 1986.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "advertisement" includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas;
(b) "distribution" includes distribution by way of samples whether free or otherwise;
(c) "indecent representation of women" means the depletion in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to deprave, corrupt or injure the public morality or morals;
(d) "label" means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any packages;
(e) "package" includes box, carton, tin or other container;
(f) "Prescribed" means prescribed by rules made under the Act.
SECTION 03: PROHIBITION OF ADVERTISEMENTS CONTAINING INDECENT REPRESENTATION OF WOMEN
No person shall publish, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form.
SECTION 04: PROHIBITION OF PUBLICATION OR SENDING BY POST OF BOOKS, PAMPHLETS, ETC., CONTAINING INDECENT REPRESENTATION OF WOMEN
- No person shall produce or cause to be produced, sell, let to hire, distribute, circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representa- tion of women in any form: Provided that nothing in this section shall apply to-
(a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, 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, slide, film, writing, drawing, painting, photograph, 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, printed or otherwise represented on or in
(i) any ancient monument within the meaning of the Ancient Monument and Archaeological Sites and Remains Act, 1958; or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose;
(c) any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 will be applicable.
SECTION 05: POWERS TO ENTER AND SEARCH
(1) Subject to such rules as may be prescribed, any Gazetted Officer authorised by the State Government may, within the local limits of the area for which he is so authorised,-
(a) enter and search at all reasonable times, with such assistance, if any, as he
considers necessary, any place in which he has reason to believe that an offence under this Act has been or is being committed;
(b) seize any advertisement or any book, pamphlet, paper, slide, film, writing,
drawing, painting, photograph, representation or figure which he has reason to believe contravenes any of the provisions of this Act;
(c) examine any record, register, document or any other material object found in any place mentioned in clause (a) and seize the same if he has reason to believe that it may furnish evidence of the commission of an offence punishable under this Act: Provided that no entry under this sub-section shall be made into a private dwelling house without a warrant: Provided further that the power of seizure under this sub-section may be exercised in respect of any document, article or thing which contains any such advertisement, including the contents, if any, of such document, article or thing if the advertisement cannot be separated by reason of its being embossed or otherwise from such
document, article or thing without affecting the integrity, utility or saleable value thereof.
(2) The provisions of the Code of Criminal Procedure, 1973, shall, so far as may be, apply to any search or seizure under this Act as they apply to any search or seizure made under the authority of a warrant issued under section 94of the said Code.
(3) Where any person seizes anything under clause (b) or clause (c) of sub-section(l), he shall, as soon as may be, inform the nearest Magistrate and take his orders as to the custody thereof.
SECTION 06: PENALTY
Any person who contravenes the provisions of section 3-orsection 4-shall be punishable 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 for a term of not less than six months but which may extend to five years and also with a fine not less than ten thousand rupees but which may extend to one lakh rupees.
SECTION 07: OFFENCES BY COMPANIES
(1) Where an offence under this Act has been committed by a company, every person, who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge-or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be proceeded against and punished accordingly. Explanation.- For the purposes of this section,-
(a) "company" means anybody corporate and includes a firm or other association of individuals; and
(b) "Director," in relation to a firm, means a partner in the firm.
SECTION 08: OFFENCES TO BE COGNIZABLE AND BAILABLE
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be bailable.
(2) An offence punishable under this Act shall be cognizable.
SECTION 09: PROTECTION OF ACTION TAKEN IN GOOD FAITH
No suit, prosecution or other legal proceeding shall lie against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act.
SECTION 10: POWER TO MAKE RULES
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the manner in which the seizure of advertisements or other articles shall be
made, and the manner in which the seizure list shall be prepared and delivered
to the person from whose custody any advertisement or other article has been seized;
(b) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
INDECENT REPRESENTATION OF WOMEN (PROHIBITION) RULES, 1987
In exercise of the powers conferred by
Sec. 10of the Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986), the Central Government hereby makes the following Rules, namely-
RULE 1 SHORT TITLE AND COMMENCEMENT
(1) These Rules may be called The Indecent Representation of Women (Prohibition) Rules, 1987.
(2) They shall come into force on the 2nd day of October, 1987.
RULE 2 DEFINITIONS
(1) In these Rules unless the context otherwise requires,-
(a) "Act" means the Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986);
(b) "article" means any book, pamphlet, paper, slide, film, writing, drawing, photograph, representation or figure;
(c) "authorized officer" means any Gazette Officer authorized by the State Government for the purpose of Sec. 5 of the Act;
(d) "Section" means a Section of the Act.
(2) Words and expressions used in these Rules and not defined, shall have the meanings respectively assigned to them in the Act.
RULE 3 MANNER OF SEIZING OF ARTICLES
(1) Every seizure made in pursuance of the provisions of Sub-sec. (1) ofSec. (5)-shall be made in the manner hereinafter provided in these Rules.
(2) The authorized officer seizing any advertisement or articles under Sub-sec. (1) ofSec. 5-shall prepare a list of such advertisements or articles containing such details relating to the description, quality, quantity, mark, number and other particulars thereof as he may consider relevant to the identity of such advertisements or articles in any proceeding under the Act, in the Form annexed to these Rules.
(3) The authorized officer shall pack and seal such advertisement or articles in the manner provided in Rule 4-and shall deliver a copy of the list so prepared to the person from whom such advertisements or articles are seized.
(4) The advertisements or articles seized shall be marked with a distinguishing number and shall also be signed by the authorized officer, the person from whom such advertisements or articles have been seized and two respectable inhabitants of the locality. If it is not possible to mark any such advertisement or article, the marking may be done on the packaging or in any other manner which the authorized officer thinks proper.
RULE 4 MANNER OF PACKING AND DEALING THE ADVERTISEMENTS OR ARTICLES SEIZED
(1) The advertisements or articles seized shall be packed in adequately strong paper, cloth or in any other packing material in such a way that the advertisements or articles may not be tampered with and the ends of the paper, cloth or other packing material shall be neatly folded in and affixed by means of gum or other adhesive or attached in or tied.
(2) The package shall be further secured by means of strong twine or thread shall be fastened on the package by means of sealing wax on which there shall be at least four distinct and clear impressions of the seal of the authorized officer of which one shall be on the top of the package, one at the bottom and the other two at the body of the package and knots of the twine or thread shall be covered by means of sealing wax bearing the impression of the seal of the authorised officer.
(3) Where necessary, the authorized officer shall put the advertisements or articles in a box or container of a suitable material and size and seal it in the manner provided in Sub-rule (2).
RULE 5 MANNER OF SEIZING AND SEALING OF ADVERTISEMENTS OR ARTICLES IN CERTAIN CASES
Notwithstanding anything contained in Rules 3-and4-, where the authorized officer is of the opinion that it is not possible to seize and seal any advertisement or article in the manner prescribed in Rules 3-and4-due to the size or the nature of such advertisement or article, he may take such steps as he thinks fit for the seizure and sealing of such advertisement or article without affecting the integrity, utility or saleable value thereof.
FORM 1 FORM
[SeeRule 3(2)-] List of Advertisements or Articles Seized To (Name and address of the person from whom the advertisements or articles are seized). The advertisement/s, article/s detailed below has/have this day been seized by me under Sub-sec. (1) ofSec. 3-of the Indecent Representation of Women (Prohibition) Act, 1986 (60 of 1986), from the premises ............ situated at............ Details of the advertisement/s article/s seized : Place....... ................. (Authorized Officer) SEAL Area............
Footnotes:
1. 20-10-1987 - See Gaz. of Ind., 25-9-1987, Pt. II, S. 3(i), Ext., p. 1 (No. 496).
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