The Indecent Representation of Women (Prohibition) Act 1986

1. Short title and commencement.
2. Definitions.
3. Prohibition of advertisements containing indecent representation of
women.
4. Prohibition of publication or sending by post of books, pamphlets, etc,
containing indecent representation of women.
5. Powers to enter and search.
6. Penalty.
7. Offences by companies.
8. Offences to be cognizable and bailable.
9. Protection of action taken in good faith.
10. Power to make rules.
______________
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 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 [1][date] as the Central Government may by
notification in the Official Gazette, appoint.
2. Definitions. In this Act, unless the context otherwise requires,
(a) advertisement includes any notice, circular, label, wrapper or other document
and also includes 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, in manner of the
figure of a woman, her form or body or any part thereof in such a way as to have
effect of being indecent, or derogatory to or denigrating, women, or is likely to
deprave, corrupt or injure the public morality or morals;
(d) label means any written, marked, stamped, printed or graphic matter, affixed
to, or appearing upon, any package;
(e) package includes a box, carton, tin or other container;
(f) prescribed means prescribed by rules made under this Act.
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 advertisements 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 nothing in this section shall apply to,
(a) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph,
representation or figure,
(i) the publication of which is proved to be justified as being for the public good on
the ground 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 of general 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
Archaeological Sites 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
any religious purpose;
(c) any film in respect of which the provisions of Part II of the Cinematograph Act,
1952 will be applicable.
5. Powers to enter and search. (1) Subject to such rules as may be prescribed,
any Gazetted Officer authorised by the state Government may, as he considers
necessary, any place in which he has reason to believe that an offence under this Act
has been or is being committed;
(b) seize any advertisements or any book, pamphlet, paper, slide film, writing,
drawing painting, photograph, representation or figure which he has reason to
believe contravenes any of the provisions of this Act;
(c) examine any record, registered document or any other material object found in
any place mentioned in clause (a) and seize the same if he has reason to believe that
it may furnish evidence of the 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 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 advertisements,
including the contents, if any, of such document, article or thing 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 under this Act as they apply to any search
or seizure may under the authority of a 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, 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 Section 3 or Section 4
shall be punishable on first conviction with imprisonment of either description for a
term which may extent 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 a term of not less that 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 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 purposes of this section,
(a) company means any body corporate and includes a firm or other association of
individuals; and
(b) director in relation to a firm, means a partner in the firm.
8. Offences to be cognizable and bailable. (1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 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,
(a) The manner in which the seizure of advertisements or other articles shall be
made, and the manner in which the seizure list shall be prepared and delivered to
the person from whose custody any advertisement or other article has been seized;
(b) any other matter which is required to be, or may be, prescribed.
(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 sessions 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.
_________________
[1] 2nd October, 1987, vide G.S.R. 821 (E), dated 25th September, 1987.

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1. Short title and commencement.

(b) any representation sculptured, engraved, painted or otherwise represented on or

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