Sale of Obscene Objects To Young

SALE OF OBSCENE
OBJECTS TO YOUNG
Section 293: Sale, etc., of obscene objects to young
person
Whoever sells, lets to hire, distributes, exhibits or
circulates to any person under the age of twenty years
any such obscene object as is referred to in the last
preceding section, or offers or attempts so to do, shall be
punished on first conviction with imprisonment of either
description for a term which may extend to three years,
and with fine which may extend to two thousand rupees,
and, in the event of a second or subsequent conviction,
with imprisonment of either description for a term
which may extend to seven years, and also with fine
which may extend to five thousand rupees.

Applicable Offences:
Sale etc., of obscene objects to young persons u/s 293
of IPC
Punishment - First conviction 3 Years + Fine, then 7

Years + Fine
This is a Bailable, Cognizable offence and triable by

Any Magistrate
This offence is non compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused
without a warrant and to start an investigation with or without the
permission of a court. Otherwise police does not have the authority to
arrest the accused without a warrant and an investigation cannot be
initiated without a court order.
2. If an offence is bailable, police has the authority to release the accused

on bail on getting the defined surety amount along with a duly filled bail
bond at the concerned police station. Otherwise arrested person has to
apply for bail before a magistrate or court
3. If an offence is compoundable, a compromise can be done between the

accused and the victim, and a trial can be avoided. Otherwise, No
compromise is allowed between the accused and the victim except under
certain situations, where the High Court or the Supreme Court have the
authority for quashing a matter.
The Indian Penal Code deals with the sale, hire, distribution,
public exhibition, circulation, import, export or advertisement
etc of anything obscene.
For sale etc of obscene books, the punishment is imprisonment
up to 2 years and fine up to Rs.2000 on first conviction and
imprisonment up to 5 years and fine up to Rs. 5000 on
subsequent convictions.
For sale etc of obscene objects to young person under the age of
20 years, punishment is imprisonment up to 3 years and fine up
to Rs. 2000 on first conviction and imprisonment up to 7 years
and fine up to Rs. 5000 on subsequent convictions.
Anybody who does any obscene act in public places or sings,
recites or utters any obscene songs in or near any public places is
punishable with imprisonment up to 3 months or with fine or
both.
Exceptions:
Any book, pamphlet, paper, writing, drawing,
painting, representation or figure which is published
in the interest of science, literature, art or learning or
in general concern or which is kept or used bona fide
for religious purposes;
Any representation sculptured, engraved, painted or
otherwise represented on or in any ancient monument
or temple or conveyance of idols;
Section 294: Sale of obscene acts and songs
Whoever, to the annoyance of others,
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene song, ballad or
words, in or near any public place, shall be punished
with imprisonment of either description for a term
which may extend to three months, or with fine, or
with both.
‘Obscenity ‘is a difficult term to explain as it is
intricately linked to the moral values of the society.
The Courts have laid down a principle saying that the
test to determine obscenity is whether the tendency of
the matter, charged with obscenity is to deprave and
corrupt those whose minds are open to such immoral
influences and into whose hands a publication of this
sort may fall.
If it does, the matter falls within the purview of
obscenity.
In Ranjit D.Udeshi v.State of Maharashtra (AIR 1965
SC 881), the Supreme Court observed that the test of
obscenity to adopt in India is where an obscenity is
published with a commercial purpose and no other
social purpose, it cannot have the constitutional
protection of free speech and expression.
 Treating sex in a manner appealing or having the
tendency to appeal to the carnal desire of human
nature is definitely obscenity.
Gita Ram , & anr. vs. State of H.P. [Criminal Appeal No. 227
of 2013 arising out of Special Leave Petition (CRL.)
No.2537/2012
The prosecution case was that on the basis of secret
information, the patrolling party raided the premises and
found that the appellants were showing blue film to young
men and about 15 viewers were there in the hall.
 The appellants were charged for offences punishable under
Section 292read with Section 34 IPC and Section 7 of
Cinematograph Act.
It was further stated by the Court that : "In the facts and
circumstances of the case and also considering the nature of
the activities and the offence committed by the appellants, we
are unable to show any leniency and to modify the sentence
any further.”
Scenario in U.S.A:
The U.S. Supreme Court set up a test for obscenity in its 1973
decision Miller v. California. The Court provided 413 U.S 15
three “basic guidelines”.
 •“Whether the average person, applying contemporary
community standards, would find that the work, taken as a
whole, appeals to the prurient interest.
 •“Whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by the
applicable state law.
•“Whether the work, taken as whole, lacks serious literary,
artistic, political, or scientific value.” These different guidelines
are sometimes called the prurient-interest, patently offensive
and serious-value prongs of the Miller test.
Indian scenario:
The Information Technology Act 2000:
 Section 67: Publishing of Information which is obscene
electronic form: Whoever publishes or transmits or causes to
be published in the electronic form, any material which is
lascivious or appeals to the prurient interest or if its effect is
such as to tend to deprave and corrupt persons who are likely,
having regard to all relevant circumstances, to read, see or hear
the matter contained or embodied in it, shall be punished on
first conviction with imprisonment of either description for a
terms which may extend to two years and with fine which may
extend to twenty-five thousand rupees and in the event of a
second or subsequent conviction with imprisonment of either
description for a term which may extend to five years and also
with fine which may extend to fifty thousand rupees.
Section 68: Power of Controller to Give Directions:
 (1) The controller may, by order, direct a Certifying
Authority or any employee of such authority to take
such measures or cease carrying on such activities as
specified in the order if those are necessary to ensure
compliance with the provisions of this Act rules or any
regulations made there under.
(2) Any person who fails to comply with any order
under sub-section (i) shall be guilty of an offence and
shall be liable on conviction to imprisonment for a
term not exceeding three years or to a fine not
exceeding two lakh rupees or to both
The ingredients of an offence under this section are:
a) Publication or transmission in the electronic form.
b) Lascivious material appealing to prurient interests.
c) Tendency to deprave and corrupt persons.
 d) Likely-audience e) To read, see or hear the matter
contained or embodied electronic form.
In the recent judgment of Avnish Bajaj v. State (NCT
of Delhi), Delhi H.C judgment dated 29.05.2008, both
the provisions were considered together in arriving at
the judgment. Also, the punishment under section 67
of the ITA is more stringent that sectio.n 292 of the
IPC

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SALE OF OBSCENE

Punishment - First conviction 3 Years + Fine, then 7

This is a Bailable, Cognizable offence and triable by

This offence is non compoundable.

2. If an offence is bailable, police has the authority to release the accused

3. If an offence is compoundable, a compromise can be done between the

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