offence is
committed under Sec. 292 and that the learned Judicial Magistrate
erred in initiating proceedings under Sec.292 of the ... applied to determine "what is
obscenity". Section 292 of the Penal Code, of course, uses the
expression "lascivious and prurient interests
under Section 292(2)(a) is also same. But ingredients of the offence under Section 292(2)(a) is distinctly different. Section 292 ... IPC should have altered the charge as provided under Section 216 of Cr.P.C. Under Sub-section (1) of Section 216 of
matter contained or embodied in it." Thus sub
Section 1 to Section 292 IPC gives a clear idea as to what is meant ... under Section 292 IPC the definition of obscenity
under 292(1) IPC can be applied in a prosecution under Section
294 IPC
trial before the learned
Magistrate for offences punishable under Section 292(2) r/w
Section 34 I.P.C and Section 7 of Cinematograph ... revision petition is allowed.
Conviction of the petitioners under Section 292(2) r/w Section
34 I.P.C and Section 7 of the Cinematograph
trial before the learned
Magistrate for offences punishable under Section 292(2) r/w
Section 34 I.P.C and Section 7 of Cinematograph ... revision petition is allowed.
Conviction of the petitioners under Section 292(2) r/w Section
34 I.P.C and Section 7 of the Cinematograph
prosecution, in order to establish the offence under Section 292(2)(a) of the Indian Penal Code should produce the entire film exhibited during ... general law.
10. Section 79 of the IPC, it was found, resolves the apparent conflict between Section 292 of the IPC and Part
Magistrate Court-II, Perambra. He
faced prosecution under Section 292(1)(a) of the Indian
Penal Code, and also under Section ... fine of Rs.500/- each under Section
292(1)(a) IPC and under Section 6 of the Indecent
Representation of Women (Prohibition
expression. Hence, the cassette will not come within the
purview of Sec. 292 I.P.C. Vide 1989 Crl. L.J. 1241. For judging ... Sec. 292 I.P.C. reads as follows:
"[292. Sale, etc, of obscene books etc. (1) For the
purposes of sub-section
Manorama daily dated 17-8-96 is obscene and punishable under Section 292 IPC. The petitioners are the Managing Director and General Manager (Marketing ... petitioners are liable for prosecution for the offence punishable under Section 292 IPC irrespective of the fact that they published regret in the newspapers
under the Indian Penal Code ( IPC , for
short).
2. Petitioner seeks to quash the charge laid
against him under Section 292 ... through the above
provisions, I find that to attract offence under section
292 IPC, there must be public circulation, sale or
distribution
