THE INDIAN PENAL CODE AND THE CODE OF CRIMINAL PROCEDURE (TAMIL NADU AMENDMENT) ACT, 1960
(The words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [TAMIL NADU] ACT No. 25 OF 1960 (For Statement of Objects and Reasons, See Fort St. George Gazette Extraordinary, dated the 16th April 1960, Part IV-A, pages 45-46)
THE INDIAN PENAL CODE AND THE CODE OF CRIMINAL PROCEDURE ((The words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [TAMIL NADU] AMENDMENT) ACT, 1960
[Received the assent of the President on the 25th October 1960; first published in the Fort St. George Gazette on the 9th November 1960 (Kartika 18, 1882).]
An Act further to amend the Indian Penal Code and the Code of Criminal Procedure, 1898; in their application to the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [State of Tamil Nadu].
WHEREAS it is expedient further to amend the Indian Penal Code (Central Act XLV of 1860), and the Code of Criminal Procedure, 1898 (Central Act V of 1898), in their application to the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [State of Tamil Nadu] for the purposes hereinafter appearing;
BE it enacted in the Eleventh Year of the Republic of India as follows:—
Short title and extent
1. (1) This Act may be called the Indian Penal Code and the Code of Criminal Procedure ((The words were substituted for the word “Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [Tamil Nadu] Amendment) Act, 1960.
(2) It extends to the whole of the (This expression was substituted for the expression “State of Madras” by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969) [State of Tamil Nadu].
Amendment of section 292, Central Act XLV of 1860
2. In section 292 of the Indian Penal Code (Central Act XLV of 1860) (hereinafter referred to as the said Code), for the words “shall be punished with imprisonment of either description for a term which may extend to three months or with he or with both”, the fallowing shall be substituted, namely:—
“shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both:
Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either descriptions for a term which shall not be less than six months and not more than two years and with fine.”
Insertion of new section 292-A in Central Act XLV of 1860
3. After section 292 of the said Code, the following section shall be inserted, namely:—
“292-A. Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail.—Whoever—
(a) prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or is scurrilous or intended for blackmail, or
(b) sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail, or
(c) conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire, distributed or publicly exhibited or in any manner put into circulation, or
(d) takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased, of
(e) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such newspaper, periodical, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail can be procured from or through any person, or
(f) offers or attempts to do any act which is an offence under this section,
shall be punished with imprisonment of, either description for a term which may extend to two years, or with fine, or with both:
Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either description for a term which shall not be less than six months and not more than two years and with fine.
Explanation I.—For the purposes of this section, the word ‘scurrilous’ shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person:
Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of—
(i) a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; or
(ii) any person touching any public question, and respecting his character, SO far as his character appears in that conduct and no further.
Explanation II.—In deciding whether any person has committed an offence under this section, the Court shall have regard, inter alia, to the following considerations:—
(a) the general character of the person charged, and where relevant, the nature of his business;
(b) the general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail;
(c) any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts specified in this section.”
Amendment of section 293, Central Act XLV of 1860
4. In section 293 of the said Code—
(i) for the words “any such obscene object as is referred to in the last preceding section”, the words, figures and letter “any such obscene object as is referred to in section 292 or any such newspaper, periodical, circular, picture or other printed or written document as is referred to in section 292-A” shall be substituted;
(ii) for the words “which may extend to six months”, the words “which may extend to three years” shall be substituted;
(iii) in this marginal note, after the words “obscene objects”, the words “and grossly indecent or scurrilous matter or matter intended for blackmail” shall be inserted.
Amendment of Central Act V of 1898
5. In the Code of Criminal Procedure, 1898 (Central Act V of 1898),—
(i) in sub-section (1) of section 521, after, the word and figures “section 292”, the word, figures and letter “section 292-A” shall; be inserted.
(ii) in Schedule II, for the entries relating to sections 292 and 293, the following entries shall be substituted, namely:—
(1)
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(2)
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(3)
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(4)
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(5)
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(6)
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(7)
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(8)
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“292
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Sale, etc., of obscene books, etc.
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Do
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Warrant
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Do
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Do
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Imprisonment of either description for two years, or fine, or both.
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Presidency Magistrate or Magistrate of the first class.
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292-A
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Printing, sale, etc., of grossly indecent or scurrilous matter or matter intended for blackmail.
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Do
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Do
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Do
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Do
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Do
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Do
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293
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Sale, etc., of obscene objects grossly indecent, or scurrilous matter or matter intended for blackmail to young persons.
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Do
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Do
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Do
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Do
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Imprisonment of either description for three years, or fine, or both.
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Do
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