Section 1 Short title, extent and commencement.
(1) This Act may be called the Indecent Representationof Women (Prohibition) Act, 1986.
(2) It extends to the whole of India, 1***.
(3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.
Section 2 Definitions.
In this Act, unless the context otherwise requires,--
(a) "advertisement" includes any notice, circular, label, wrapper or other document and alsoincludes any visible representation made by means of any light, sound, smoke or gas;
(b) "distribution" includes distribution by way of samples whether free or otherwise;
(c) "indecent representation of women" means the depiction in any manner of the figure of awoman, her form or body or any part thereof in such a way as to have the effect of being indecent, orderogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality ormorals;
(d) "label" means any written, marked, stamped, printed or graphic matter, affixed to, orappearing upon, any package;
(e) "package" includes a box, carton, tin or other container;
(f) "prescribed" means prescribed by rules made under this Act.
Section 3 Prohibition of advertisements containing indecent representation of women.
No person shallpublish, or cause to be published, or arrange or take part in the publication or exhibition of, anyadvertisement which contains indecent representation of women in any form.
Section 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 nothing in this section shall apply to--
(a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representationor figure--
(i) the publication of which is proved to be justified as being for the public good on theground that such book, pamphlet, paper, slide, film, writing, drawing, painting, photograph,representation or figure is in the interest of science, literature, art, or learning or other objects ofgeneral concern; or
(ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented on or in--
(i) any ancient monument within the meaning of the Ancient Monument and ArchaeologicalSites and Remains Act, 1958 (24 of 1958); or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used for anyreligious purpose;
(c) any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of1952), will be applicable.
Section 5 Powers to enter and search.
(1) Subject to such rules as may be prescribed, any GazettedOfficer authorised by the State Government may, within the local limits of the area for which he is soauthorised,--
(a) enter and search at all reasonable times, with such assistance, if any, as he considersnecessary, any place in which he has reason to believe that an offence under this Act has been or isbeing committed;
(b) seize any advertisement or any book, pamphlet, paper, slide film, writing, drawing, painting,photograph, representation or figure which he has reason to believe contravenes any of the provisionsof this Act;
(c) examine any record, register, document or any other material object found in any placementioned in clause (a) and seize the same if he has reason to believe that it may furnish evidence ofthe commission of an offence punishable under this Act:
Provided that no entry under this sub-section shall be made into a private dwelling house without awarrant:
Provided further that the power of seizure under this sub-section may be exercised in respect of anydocument, article or thing which contains any such advertisement, including the contents, if any, of suchdocument, article or thing, if the advertisement cannot be separated by reason of its being embossed orotherwise from such document, article or thing without affecting the integrity, utility or saleable valuethereof.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, applyto any search or seizure under this Act as they apply to any search or seizure made under the authority ofa warrant issued under section 94 of the said Code.
(3) Where any person seizes anything under clause (b) or clause (c) of sub-section (1), he shall, assoon as may be, inform the nearest Magistrate and take his orders as to the custody thereof.
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