WUNRN
THE
INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986 (NO.
60 OF 1986) 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-seven Year of the Republic of India as follows:- 1. 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 date as the Central Government may, by notification in the
Official Gazette, appoint. 2. Definitions.- In
this Act, unless the context otherwise requires,-
3.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. 4.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 representation of women in any form: Provided that noting
in this section shall apply to-
(ii) which is kept
or used bona fide for religious purpose;
5. Powers to
enter and search.-
(1) Subject to such rules as may be prescribed, any Gazetted Officer
authorized by the State Government may, within the local limits of the area
for which he is so authorized:-
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(2 of 1974), shall, so far as may be,
apply to any search or seizure made under the authority of a warrant issued
under Sec.94 of the said Code. (3)where any person
seizes anything under Cl.(b) or Cl.(c) of sub section (1), he shall, as soon
as may be, inform the nearest Magistrate and take his orders as to the
custody thereof. 6.Penalty.- Any person who contravenes
the provisions of Sec 3 or Sec 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 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. 7.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 purpose of this section.-
8. Offences to be
cognizable and bailable.-(1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973
(2of 1974) , an offence punishable under this Act shall be bailable. (2) An offence
punishable under this Act shall be cognizable. 9. 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. 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:-
(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 session 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 G.S.R.822 (E), dated
25th September, 1987.- In exercise of the powers conferred by
Sec.10 of the Indecent representation of Women (Prohibition) Act, 1986 (60 of
1986), the Central Government hereby makes the following rules, namely : 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 October, 1987. 2. Definitions.-(1)
In these rules, unless the context otherwise requires,- `Act’ means the
Indecent Representation of women (Prohibition) Act, 1986 (60 of 1986) ;
(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. 3. Manner of
seizure of articles.- (1)Every seizure
made in pursuance of the provisions of sub-section (1) of section 5 shall be
made in the manner hereinafter provided in these rules. (2) The authorized
officer seizing any advertisements or articles under sub-section (1) of
section 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 advertisements 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 so 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 authorised officer thinks proper. 4. Manner of
packing and dealing with 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 and affixed by means of gum or
other adhesive or stitched in or tied. (2) The package
shall be further secured by means of strong twine or thread and the 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 authorised 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 authorized officer. (3) Where necessary,
the authorized officer shall put the advertisements or articles in a box, a
container of a suitable material and size and seal it in the manner provided
in sub-rule (2). 5. Manner of
seizing and sealing advertisements or articles in certain cases.-Notwithstanding
anything contained in rules 3 and 4, 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 and 4 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. |
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