Section 292 in The Indian Penal Code, 1860
292. Sale, etc., of obscene books, etc.—
(1) For the purposes of sub-section (2), a book
offences punishable under Sections 292
and 294 of the Indian Penal Code ( IPC ) and Section 67 of the
Information Technology ... medical text would certainly
be considered to be obscene. Section 292 , Indian Penal Code deals with
obscenity in this sense and cannot thus be said
pressed before us one principal objection founded on Section 79 I.P.C. to neutralise Section 292 I.P.C. We do not find this ... I.P.C. notwithstanding. The absolution is based upon the combined operation of Section 5A of the Act and Section 79 of the Penal Code
well as Anandabazar Patrika filed a
complaint under Section 292 of the Indian Penal Code against the Appellants
herein, the Editor and the Publisher ... test to
be applied to determine “what is obscenity”. Section 292 of the Indian
Penal Code, of course, uses the expression ‘lascivious and prurient
interests
obscene product within the meaning of Section 292 Indian Penal Code ( IPC ) and Section 67 of the Information Technology ... person" is defined to include a corporation. In Section 11 of the Indian Penal Code, the "person" is defined thus:
The word
materials recovered from them do not constitute an offence under Section 292 , IPC, neither the photographs nor the materials recovered would constitute obscenity ... obscenity and the recovered material would not constitute obscene under Section 292 , IPC An attempt was made and it was urged on behalf
Since the petitioner
was discharged under Section 67 of the Information Technology Act,
prosecution under Section 292 IPC was not permissible.
9. Learned ... matter.
16. Avnish Bajaj was discharged under Section 292 IPC as
Indian Penal Code did not recognise the concept of an automatic criminal
applied to determine "what is
obscenity". Section 292 of the Indian Penal Code, of
course, uses the expression `lascivious and prurient
interests ... passage or passages therein offend the
provisions of Section 292 Indian Penal Code" In deciding
the question of obscenity of any book, story
Sections 292 and
GULSHAN KUMAR
ARORA
Date: 2016.12.15
16:34:16 IST
Reason:
294 of the Indian Penal Code ( IPC ) and Section ... medical text would certainly be considered to be
obscene. Section 292 , Indian Penal Code deals with
obscenity in this sense and cannot thus be said
under Section 124A or Section 153A or Section 153B or Section 292 or Section 293 or Section 295A of the Indian Penal Code, the State ... conviction under Section 292, Section 293, Section 501 or Section 502 of the Indian Penal Code, the Court may order the destruction