Since the petitioner
was discharged under Section 67 of the Information Technology Act,
prosecution under Section 292 IPC was not permissible.
9. Learned Addl ... matter.
16. Avnish Bajaj was discharged under Section 292 IPC as
Indian Penal Code did not recognise the concept of an automatic criminal
liability
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
punishable under Sections 293 , 409 , 377 , read
with Section 120B of IPC. Accused No.4 has committed offences
punishable under Sections 292 ... section (2) of
Section 292 , in any object, the offence would be constituted. Clause
(a) to (e) of Sub-section (2) of Section 292 provides
likely to come within the perceived ambit and sweep of Section 292
IPC, whether it is permissible. We shall dwell upon this facet when ... declined to do so in respect of the offence under Section
292 , IPC. On a revision being filed, the learned Additional Sessions
Judge
under section 4 and 6 of Indecent
Representation of Women (Prohibition) Act, 1986 and
section 292(2)(a) of the Indian Penal Code on
payment ... less, punishable under section 4 and 6 of the said
Act or section 292(2)(a) of the Indian Penal Code. This
complaint
obscenity under Section 292 of the Code and the Court
held as follows: (AIR p. 887, para 16)
16. ... The Penal Code does not define ... test to be applied to
determine ―what is obscenity‖. Section 292 of the Penal Code, of
course, uses the expression ―lascivious and prurient interests
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
well as Anandabazar Patrika filed a
complaint under Section 292 of the Indian Penal Code against the Appellants
herein, the Editor and the Publisher ... Section 251 Cr.P.C. and ordered that they would be put to
face the trial for the offence punishable under Section 292 IPC
found for the purpose enumerated
under sub-section (2) of Section 292 of the IPC i.e. for sell, lets to
hire, distributes ... mentioned in clause (a) to (e) of sub-section (2) of Section 292 of
the IPC.
6
9. In the case at hand, except
Scheme of
pafition 292,
. .C.
Section 292(1)
and section
292(2) compared.
Possible amend-
ment of section
292(2)(a), I.P.C.
CHAPTER ... argued that the disharmony between section 292(1)
and section 292(2)(a) , Indian Penal Code, as revealed by the above analysis
