Section 292A: Printing, etc., of grossly indecent or scurrilous matter or matter intended for blackmail

Whoever,

(a) prints or causes to be printed in any newspaper, periodical or circular, or exhibits or causes to be exhibited, to public view or distributes or causes to be distributed or in any manner puts into circulation any picture or any printed or written document which is grossly indecent, or in scurrilous or intended for blackmail; or

(b) sells or lets for hire, or for purposes of sale or hire makes, produces or has in his possession, any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail; or

(c) conveys any picture or any printed or written document which is grossly indecent or is scurrilous or intended for blackmail knowing or having reason to believe that such picture or document will be printed, sold, let for hire distributed or publicly exhibited or in any manner put into circulation; or

(d) takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such newspaper, periodical, circular, picture or other printed or written document is printed, exhibited, distributed, circulated, sold, let for hire, made, produced, kept, conveyed or purchased; or

(e) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any Act which is an offence under this section, or that any such newspaper, periodi­cal, circular, picture or other printed or written document which is grossly indecent or is scurrilous or intended for blackmail, can be procured from or through any person; or

(f) offers or attempts to do any act which is an offence under this section *[shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both]:

Provided that for a second or any subsequent offence under this section, he shall be punished with imprisonment of either de­scription for a term which shall not be less than six months **[and not more than two years].

Explanation I

For the purposes of this section, the word scur­rilous shall be deemed to include any matter which is likely to be injurious to morality or is calculated to injure any person:

Provided that it is not scurrilous to express in good faith anything whatever respecting the conduct of—

(i) a public servant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further; or

(ii) any person touching any public question, and respecting his character, so far as his character appears in that conduct and no further.

Explanation II

In deciding whether any person has committed an offence under this section, the court shall have regard inter alia, to the following considerations—

(a) The general character of the person charged, and where rele­vant the nature of his business;

(b) the general character and dominant effect of the matter alleged to be grossly indecent or scurrilous or intended for blackmail;

(c) any evidence offered or called by or on behalf of the accused person as to his intention in committing any of the acts speci­fied in this section.

[Vide Tamil Nadu Act 25 of 1960, sec. 3 (w.e.f. 9-11-1960)].

* Subs. by Tamil Nadu Act 30 of 1984.

** Ins. by Tamil Nadu Act 30 of 1984, sec. 2 (w.e.f. 28-6-1984).

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1. Subs. by Act 8 of 1925, sec. 2, for the original section.

2. Ins. by Act 36 of 1969, sec. 2 (w.e.f. 7-9-1969).

3. Section 292 renumbered as sub-section (2) thereof by Act 36 of 1969, sec. 2 (w.e.f. 7-9-1969).

4. Subs. by Act 36 of 1969, sec. 2, for certain words (w.e.f. 7-9-1969).

5. Subs. by Act 36 of 1969, sec. 2, for Exception (w.e.f. 7-9-1969).