THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986

ACT NO. 60 OF 1986

[23rd December, 1986]

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-seventh Year of the Republic of India as

follows:—

1. Short title, extent, and commencement - (1) This Act may be called the Indecent
Representation of Women (Prohibition) Act, 1986.

(2) It extends to the whole of India.

(3) It shall come into force on such 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 manner of the
figure of a woman, her form or body or any part thereof in such a way as to have
the 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;

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(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 advertisement which contains indecent
representation of women in any form.

This section of the act specifically prohibits advertisements that depict women
indecently. It states that no one is allowed to publish, plan to publish, or participate
in the publication or exhibition of any advertisement that could degrade the
reputation and dignity of women in society or that is considered indecent by social
standards.

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;

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

(i) any ancient monument within the meaning of the Ancient Monuments 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 (37 of 1952), will be applicable.

This section of the act restricts the production, distribution, hiring, selling, and
circulation of any books, pamphlets, papers, slides, films, writings, drawings,
paintings, photographs, or figures that depict women in an indecent or obscene
manner.

However, there are certain exceptions to this restriction:

● This section does not apply to items approved and justified for public interest
and benefit. For example, books, drawings, or pictures used for educational
purposes in science, literature, or other general concerns can be published and
distributed.
● Publications used with a bona fide intention for religious purposes are exempt.
● Sculptures, paintings, or engravings on ancient monuments, as defined by the
Ancient Monuments and Archaeological Sites and Remains Act of 1958, are
not considered indecent representations.
● Temples or religious vehicles with drawings or publications used for idol
conveyance or other religious purposes are not subject to this section.
● Films produced under the provisions of Part II of the Cinematograph Act,
1952, are also exempt from being considered indecent representation of
women.

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5. Powers to enter and search - (1) Subject to such rules as may be prescribed, any
Gazetted Officer authorised by the State Government may, within the local limits of
the area for which he is so authorised,—

(a) enter and search at all reasonable times, with such assistance, if any, 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 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 provisions of this Act;

(c) examine any record, register, 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 advertisement,
including the contents, if any, of such document, article or thing, if 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 made 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.

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This section of the act grants specific powers to any Gazetted officer authorized by
the State Government within their jurisdiction:

● The officer, with assistance if needed, may enter and search any place at a
reasonable time if they believe an offense under this act has been or is being
committed.
● They can seize any advertisement, books, pamphlets, papers, slide films,
writings, drawings, paintings, and photographs they believe to be indecent and
in violation of the act.
● They may examine and seize any records, registers, documents, or other
materials found at the location if they believe these items may provide
evidence of an offense under the act.

There are exceptions to these powers:

● An officer cannot enter a private dwelling without a legal warrant.

● The power to seize documents is limited to those depicting indecency and
violating the act's provisions. Only such items should be separated from the
rest without affecting their integrity, utility, or saleable value.
● The provisions of the Code of Criminal Procedure 1973 apply to any search
or seizure of documents under this act, as Section 94 of the act provides
guidelines for conducting such actions with a warrant.
● Any officer who seizes items under this act must inform the nearest magistrate
as soon as possible and follow the magistrate's orders regarding the custody
of the seized items.

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 extend to two years, and with fine which may extend two thousand
rupees, and in the event of a second or subsequent conviction with imprisonment for
a term of not less than 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.

This section of the act outlines the legal penalties for anyone who breaches the
provisions of sections 3 and 4:

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 ● On first conviction, the person shall be imprisoned for up to 2 years and fined
up to 2,000 rupees.
● On second conviction, the person shall be imprisoned for a term between 6
months and 5 years and fined between 10,000 and 1 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 the 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.

This section of the act addresses offenses committed by a company, stating that
every person in charge at the time of the offense is deemed guilty and liable for
punishment. However, there are exceptions:

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 ● If a person can prove that the offense was committed without their
knowledge, or they exercised all due diligence to prevent it, they may not be
held liable.

● Additionally, if it is proven that an offense was committed by the company

with the consent or connivance of any director, secretary, manager, or other
company officer, they will also be liable for punishment.

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.

This section of the act specifies that, notwithstanding the provisions of the Code of
Criminal Procedure 1973, an offense under this act shall be both bailable and
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.

This section of the act protects the central government, state government, or any
gazetted officer acting under their authority from legal action, prosecution, and other
legal proceedings for actions taken in good faith.

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:-

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(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 to the person from
whose custody any advertisement or other article has been seized;

(b) any other matter which is required to be, or maybe, 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.

This section of the act authorizes the central government to create rules, as
announced in the Official Gazette, to implement the act's provisions. Specifically,
the central government can establish regulations concerning the seizure of items,
documents, or advertisements, including documenting the seized materials and
identifying their source. Additionally, the central government may formulate rules
on other necessary matters or those outlined in the aforementioned provision.

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