Sale, etc., of obscene books, etc

What this section does

Defines obscenity and penalises a wide range of acts involving obscene material — including sale, distribution, public exhibition, import/export, participation in an obscene-material business, advertisement, and attempts — covering both physical objects and electronic content. Exceptions exist for material justified as being in the public good (science, literature, art, learning, religion) and for representations on ancient monuments or in temples. Punishment escalates on repeat conviction.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment

First conviction: imprisonment of either description up to 2 years and fine up to ₹5,000. Second or subsequent conviction: imprisonment of either description up to 5 years and fine up to ₹10,000.

Triable by

Magistrate of First Class

Cognizable

No

Bailable

Yes

Compoundable

No

Ingredients (what prosecution must prove)

1. The material in question is obscene — i.e., lascivious, appeals to prurient interest, or tends to deprave and corrupt likely readers/viewers/listeners
2. The accused performed one of the prohibited acts: selling, hiring, distributing, publicly exhibiting, circulating, making, producing, possessing for such purposes, importing, exporting, conveying, taking part in or receiving profits from an obscene-material business, advertising, or attempting any such act
3. The act does not fall within the statutory exceptions (public good, religious use, ancient monuments, temples)

Derived from IPC s.292.