Disadvantages Of Obscenity

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Various statutes have provisions that touch upon the concept of Obscenity. But, attention here is primarily placed on the provisions of the Indian Penal Code as other statutes also depend on the Code to give content to the word “obscene”. The principal provisions of law concerning the criminalization of publication and circulation of materials with obscene content are Sections 292 – 294 of the Indian Penal Code of 1860. Section 292 punishes the publication and dissemination of materials that are obscene and section 293 provides for an enhanced punishment for distribution of obscene materials to persons who are below 20 years of age. Both these provisions were substantially amended in the year 1925, in pursuance to India’s participation in the International Convention for Suppression of Traffic in Obscene…show more content…
Section 67 of the Information Technology Act, 2000 borrows the definition of obscenity from section 292 of the Penal Code to punish the spreading of obscene materials over the internet. It is worth to take note of the fact that S. 98 of the then Code of Criminal Procedure was also amended to empower a magistrate to enter and search premises with a warrant and take possession of obscene materials. It was only after the passing of the Obscene Publications Act in England in 1959 (and perhaps owing to unsatisfactory and the widely criticized judgment in Lady Chatterly Lover‟s Case13) that the legislature saw a need for reform. Thus, a select committee was appointed under the chairmanship of Akbar Ali Khan in 1963, the recommendations made by the committee resulted in the passing of Act 36 of 1969, which brought about several significant changes in the provision. The 1969 amendments sought to bring clarity on the concept of obscenity.
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