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Indian Legislation

Indian Penal Code, 1860

Sections 292–294 prohibit the sale, exhibition and circulation of obscene books and objects, and the performance of obscene acts or songs in public places, wherein “obscenity” is defined as being anything lascivious or which appeals to the prurient interest or has the effect of tending to deprave and corrupt the reader or viewer.

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Dramatic Performances Act, 1876

Section 3(c) empowers the State Government to prohibit the public performance of any play or drama that is in its opinion likely to deprave and corrupt persons present at the performance.

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Indian Post Office Act, 1898

Section 20 prohibits the transmission by post of any indecent or obscene article, or any postal article having thereon any words or marks of, inter alia, an indecent, obscene or grossly offensive character.

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Code of Criminal Procedure, 1973

Section 95 authorises the State Government to seize copies of books and newspapers containing matter, the publication of which is punishable, inter alia, under sections 292 and 293 of the IPC.

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Indecent Representation of Women (Prohibition) Act, 1986

Sections 2–4 prohibit the publication or distribution of advertisements, books and other material containing indecent representation of women. “Indecent representation of women” is defined as any depiction of the body of a woman or any part thereof, in such a way as to have the effect of, inter alia, being indecent or likely to deprave, corrupt or injure the public morality or morals.

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The Information Technology Act, 2000

Section 67 prohibits the transmission or publication of obscene material in the electronic form.

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The Constitution of India, Article 19(2)

This provision of the Indian Constitution includes “decency and morality” as grounds under which restrictions may be imposed on the freedom of speech and expression.

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