The Indecent Representation of Women (Prohibition) Act,1986
10
2nd October, 1987
23rd December, 1986
✔ This act was enacted by the Parliament in 37th year of the
Republic of India.
✔ The Indecent Representation of Women (Prohibition) Act, 1986
(Act 60 of 1986)
Section 1:
The Indecent Representation of Women (Prohibition) Act, 1986
Whole of India The words "except the State of Jammu & Kashmir" were omitted by Act 34 of 2019 (w.e.f 31-10-2019)
2nd October, 1987
Section 2: Definitions
Section 2(a): "Advertisement"- Includes
✔ Notice
✔ Circular
✔ Label
✔ Wrapper
✔ Or any other document
✔ Visible representation by
means of-
💡 Light
🔊 Sound
🌪 Smoke
🧯 Or Gas
Section 2(b): "Distribution"- Includes
✔ By way of: samples (Whether free or otherwise)
Section 2(c): "Indecent Representation of women" - Includes
◆ Description in manner of:
✔ Figure of women
✔ her form
✔ or body
✔ or any other part thereof
◆ Description done in such a
way as to have effect of it
being:
✔ indecent
✔ or derogatory
✔ or denigrating women
✔ Or such description is likely
to
✔ deprave
✔ corrupt
✔ or injure the public morality
✔ or morals
Section 2(d): "Labels" - Means
anything that is:
✔ affixed to
✔ or appearing upon, any
package
✔ in form of:
✔ any written
✔ marked
✔ stamped
✔ printed
✔ or graphic matter
Section 2(e): "Package"- Includes
✔ Box
✔ Carton
✔ Tin
✔ Or other container
Section 2(f): "Prescribed"- Means
Prescribed by rules under this act.
Section 5:
✔ Any Gazetted Officer authorised by State Government, within the local limits of the area.
📌 How search may be conducted?✔ The authorised officer may enter and search at a reasonable time with assistance.
📌 Where can such search be conducted?✔ At any place in which the officer has a reason to believe that an offence punishable under this act has been committed.
📌 What are the powers of the Officer authorised?✔ Seize any of the following, if the officer has a reason to believe that the
following contravenes with the provision of this act-
• advertisement
• book
• pamphlet
• paper
• slide film
• writing
• drawing
• painting
• photographs
• representation
• figure
✔ examine ✔ record ✔ register ✔ document or any other material object, if it is found during search conducted by entering any place of reasonable suspicion.
📌 Who should be informed after conducting search & seize?✔ The Nearest Magistrate should be informed by any person conducting the
seize, as soon as possible.
✔ Such person shall follow the orders of the Magistrate in respect of custody of the items seized.
✔ If the search or seizure are conducted under the authority of a warrant
issued under Section 94 of the Code of Criminal procedure, 1973.
✔ Then the provisions of Section 94 of the Code of Criminal procedure, 1973
will apply to procedure of search or seizure.
Proviso:
📌 No entry will be allowed in the dwelling house without
warrant.
📌 Power to seize a document may be exercised by the
officer in respect of a-
✔ Document
✔ Article
✔ Or a thing including its contents
If such document, articles or a thing contains any
advertisement which cannot be separated from the
contents without affecting its -
✔ integrity
✔ utility
✔ saleable value
Section 6:
Any person in contravention with Section 3 or Section 4 of this act shall be punishable on :
✔ With imprisonment of either description for a term which may extend to two years and
✔ With fine which may extend Rs 2000.
✔ With imprisonment for a term of not less than 6 months but which may extend to 5 years and
✔ With a fine not less than Rs 10000 but which may extend to Rs 100000.
Section 7:
✔ every person in charge of the company ✔ at the time when such an offence was committed
📌 When it is proved that the offence committed by the company with the consent or connivance of, or is attributable to any neglect on the part of-✔ Director
✔ Manager
✔ Secretary
✔ Other officer
then such person would be
liable and punished under
this act.
Proviso:
✔ When such an offence is committed with knowledge of the concerned person, then only such a person would be liable.
✔ The concerned person will not be held liable if he is able to prove that he had exercised due diligence to prevent commission ofsuch offence
Section 8:
Section 9:
✔ Central Government
✔ State Government
✔ Any Government official
📌 Who does any act, under this act in good faith.
Section 10:
✔ The Central Government may, by notification in the Official Gazette, make
rules to carry out the provisions of this Act.
📌 What are the matters to which these rules provide for?
✔ the manner in which the seizure of advertisements or other articles
shall be made.
✔ the manner in which the seizure list shall be prepared and delivered to
the person from whose custody any advertisement or other article has
been seized.
✔ any other matter which is required to be, or may be, prescribedt.
