Tamil nadu act 025 of 1960 : Indian Penal Code and the Code of Criminal Procedure (Tamil Nadu Amendment) Act, 1960

Section 1. Short title and extent

1. Short title and extent.- (1) This Act may be called the Indian Penal Code and the Code of Criminal Procedure (¹[Tamil Nadu] Amendment) Act, 1960.

(2) It extends to the whole of the ³[State of Tamil Nadu].

Section 2. Amendment of section 292, Central Act XLV of 1860

2. Amendment of section 292, Central Act XLV of 1860.- In section 292 of the Indian Penal Code (Central Act XLV of 1860) (hereinafter referred to as the said Code), for the words "shall be punished with imprisonment of either description for a term which may extend to three months or with fine or with both", the following shall be substituted, namely:-

"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 and with fine."

Section 3. Insertion of new section 292-A in Central Act XLV of 1860

3. Insertion of new section 292-A in Central Act XLV of 1860.- After section 292 of the said Code, the following section shall be inserted, namely:-

"292-A. 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 is 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 and with fine.

Explanation.-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 goods faith anything whatever respecting the conduct of-

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

(ii) any person touching any public question, and ??? his character, so fat as his character appears ??? 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."

Section 4. Amendment of section 293, Central Act XLV of 1860

4. Amendment of section 293, Central Act XLV of 1860.- In section 293 of the said Code-

(i) for the words "any such obscene object as is referred of to in the last preceding section", the words, figures and letter "any such obscene object as is referred to in section 292 or any such newspaper, periodical, circular, picture or other printed or written document as is referred to in section 292-A" shall be substituted;

(ii) for the words "which may extend to six months", the words "which may extend to three years" shall be substituted;

(iii) in the marginal note, after the words "obscene objects", the words "and grossly indecent or scurrilous matter or matter intended for blackmail" shall be inserted.

Section 5. Amendment of Central Act V of 1898

5. Amendment of Central Act V of 1898.- In the Code of Criminal Procedure, 1898 of central (central Act V of 1898),-

(i) in sub-section (1) of section 521, after, the word and figures "section 292", the word, figures and; letter "section 292-A" shall be inserted.

(ii) in Schedule II, for the entries relating to sections 292 and 293, the following entries shall be substituted, namely:-