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Sale, etc., of obscene books, etc.-
- For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object shall be deemed to be obscene if it is lascivious or appeals to the prurient interest; or if its effect, or (where it comprises two or more distinct items) the effects of any one of its items, is, if taken as a whole, tends to deprave and corrupt persons who are likely to read, see or hear the matter contained or embodied in it.
- a. sells, rents, distributes, publicly exhibits or in any manner that puts into circulation or for purposes of sale, hire, or distribution for public exhibition, has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or
- b. imports, exports or conveys any obscene objects for any of the purposes, aforesaid, on knowing or having reason to believe that such objects will be sold or let to hire, distributed or publicly exhibited or in any manner put into circulation or
- c. takes part in or receives profit from any business in the course of which he knows or has reasons to believe that the products of such a business are for any of the purposes aforesaid, made produced, purchased, kept, imported, exported, convey, publicly excited, or in any manner put into circulation, or
- d. advertises or makes known by any means whatsoever that he or she is engaged or is ready to engage in any act which is an offense under this section, or that any such obscene object can be procured from or through him or her, or
- e. offers or attempts to do any act which is an offense under this section, shall be punished, on first conviction, by imprisonment for a maximum of two years, with fine which may amount to two thousand rupees; and, in the event of a second or subsequent conviction, be imprisonment for a maximum term of five years, as well as be fined upo to a msximum of five thousand rupees.]
2[ Exception- This section does not extend to-
- (a) any book, pamphlet, paper, writing, drawing, painting, representation or figure-
(i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern, or
ii) which is kept or used bona fide for religious purposes;
- (b) any representation sculptured, engraved, painted or otherwise represented on or in-
(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958 ), or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.]
Some noted softcore pornographic actresses are Silk Smitha, Pratibha, Shakeela, Maria, and Reshma. Other famous stars are Devika, Sindhu, [Ashyabanu], Kumtaz, Gali Krishna, Sasi Kumar Ande and Heena Rehman. Others are Nicale Narayan, Satinder Kalair, Minnie Gupta, Nina Raja, Jamelah Asmar, Lailla Valliappan, Aisha Jamal, Maya, Ananda Saint James, Anju Khan, Sherlyn Chopra, Veena Malik, Asiyabanu.
There are many nude models like Amita Shah, Katy Mirza & Shabana De who have appeared in videos and adult magazines like Debonair (magazine).
There are many legal and illegal Indian pornographic websites such as Savita Bhabhi published by Deshmukh. Savita Bhabhi is a manga-like erotic cartoon strip about the adventures of a bored housewife neglected by her husband.
The Information Technology Act, Chapter XI Paragraph 67, the Government of India clearly specifies online pornography as a punishable offense. The Indian Penal Code, 1860 section 293 also specifies, in clear terms, the law against sale of obscene objects to minors.
Though India has seen cases where the ones who make rules (ministers) have broken the rules. The last case was in 2012 when a Minister in Karnataka was found watching pornographic content on his i-pad in Parliament.
- Chapter XI
"67. Publishing of information which is obscene in electronic form. - Whoever publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeal to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to one hundred thousand rupees and in the event of a second or subsequent conviction with imprisonment of either description for a term which may extend to ten years and also with a fine which may extend to two hundred thousand rupees."
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