(..24..)

PUBIC DECENCY AND MORALITY[1]

Table of Contents

(S. 292 and 294 A)

QUESTION BANK

1 Enumerate the offences affecting Public Decency & Morality as defined in IPC?
2 What constitutes public decency? Explain with illustrations.

SHORT NOTES

Public Decency & Morality

SYNOPSIS

I] Sale, etc., of obscene books, etc. (S. 292)

Exceptions:-

1) Public good

2) Religious purpose

3) Sculpture etc. on ancient monuments etc.

4) On the temple or on a car

II] Sale etc. of obscene objects to a young person (S. 293)

III] Obscene acts and songs (S. 294)

IV] Keeping lottery office (S. 294-A)

PUBLIC DECENCY AND MORALITY:-

292, 293, and 294 prohibit the sale of obscene books and objects; it also prohibits obscene acts, songs, words, etc., whereas S. 294 A punishes the keeping of any private lottery office.

The word ‘obscene’ is not defined in the Indian Penal Code. However, it becomes necessary to decide whether the tendency of the matter charged as obscene is to deprive and corrupt those whose minds are open to such immoral inferences and into whose hands a publication of this sort may fall. Thus, the test of ‘obscenity’ is whether the matter in question has a tendency to deprive and corrupt the mind of those in whose hand it will fall.

I] Sale, etc., of obscene Books, etc. (S. 292):-

Clause (2) of S. 292 specifies offence and provides punishment thereto. It provides that

Whoever-

Sells lets to hire, distribute, publicly exhibit or put into circulation, etc., or
Import or exports or conveys any obscene objects for any of the purposes aforesaid,
Takes part in or receives profits from the business in the course of which he knows or has reason to believe that any such obscene object was made for any of the aforesaid purposes.
advertises or makes known by any means whatsoever that any person is engaged in, or is ready to be engaged in any act which is an offence under this section,
Offers or attempts to do any act which is an offence under this section.

The punishment is imprisonment of up to two years and a fine of up to two thousand rupees on the first conviction. In case of subsequent communication, the punishment provided is imprisonment of up to five years and a fine of up to Rs. 5,000/-

Clouse (1) of S. 292 lays down the test to decide whether the book, pamphlet, paper etc., is obscene or not. It states that the publication of a book, pamphlet, paper, writing, drawing, painting, representation, figure, etc., will be deemed obscene if-

It is lascivious, or
Appeals to the prurient interest, or

If its effect, or the effect of any of the items, tends to deprive and corrupt persons likely to read, see or hear the matter contained in such material.

In Ranjit D.Udeshi V/s State of Maharashtra[2]

Facts:– Ranjit Udeshi was one of the four partners of a firm owing a bookstall. He was convicted, along with other partners, for being in possession of an obscene book containing obscene matter.

Defence: The appellant’s defence was that the matter contains art and gives a message; therefore, it cannot be punished under S. 297.

Held: The Supreme Court upheld the conviction and held that where ‘obscurity’ and art are mixed, art must be so preponderating as to throw the obscenity into the shadows or make it overlooked.

In fact, obscenity is a question of fact. It needs to be decided by the court.

Exceptions:-

The section has provided the following exceptions to the offence: Vis-

1) Public Good:-

Any book, pamphlet, paper writing, drawing, painting, representation, or figure, the publication of which is proved to be justified as being for the public good, on the ground that such book, etc., is in the interest of science, literature, Art or learning or other objects of general concern are exempted.

2) Religious Purpose:-

Any book, pamphlet, etc., which is kept or used bona fide for religious purposes is exempted from S. 292.

3) Sculpture etc. on Ancient Monuments etc.:-

Any representation sculptured, engraved, painted, or otherwise represented on or in any ancient monument within the meaning of the Ancient Monuments and Archeological Sites and Remains Act. 1958.

4) On Temple or a Car:-

Any representation sculptured, engraved, etc., on or in any temple, or on any cart (chariot) used for the conveyance of idols, or kept or used for any religious purposes is exempted.

II] Sale etc. of Obscene Objects to Young Person (S. 293):-

As per S. 293, the sale, hire, distribution, exhibition, and circulation of any obscene object, book, etc., to any person under the age of 21 years is punishable with imprisonment up to 3 years and a fine up to Rs. 2000/- But on subsequent conviction punishment increases, by imprisonment up to 7 years and fine up to Rs. 5000.

III] Obscene Acts and Songs (S. 294):-

As per S. 294, (i) doing any obscene act in public to the annoyance of others, or (ii) signing, reciting, or uttering any obscene songs, ballad, or words in or near any public place to the annoyance of others is punishable with imprisonment up to 3 months or fine or both.

IV] Keeping Lottery Office (S. 294 A):-

294-A punishes the offender who keeps any office or place for the purpose of drawing any lottery not authorised by the State Government. The punishment prescribed is imprisonment for up to six months, with a fine or both.

The second part of the section provides punishment for publishing any proposal to pay any sum, etc., on any event or contingency relating to the drawing of any ticket, lottery, etc., with a fine up to Rs.- 1,000/-.

*****

[1] सार्वजनिक पवित्रता व नैतिकता [सार्वजनिक पवित्रता और नैतिकता]

[2] (AIR 1956 SC 881)