(Received the assent of the Governor General on the 21^st January 1856.)

PREAMBLE

Whereas the practice of offering for sale or exposing to public view obscene books and pictures encourages immorality, and it is expedient to make provision for the prevention of such practice: It is enacted as follows:

Penalty for the sale or exposure of obscene books, pictures, &c. I Whoever, within the territories in the possession and under the government of the East India Company, in any shop, bazar, street, thoroughfare, high-road, or other place of public resort, distributes, sells, or offers, or exposes for sale, or wilfully exhibits to public view, any obscene book, paper, print, drawing, painting, or representation; or sings, recites, or utters any obscene song, ballad, or words, to the annoyance of others; shall, upon conviction, as hereinafter provided, before a Magistrate, be liable to a fine not exceeding 100 rupees, or to imprisonment, with or without hard labor, for a period not exceeding three months, or to both.

2. Apprehension of offenders. It shall be lawful for any person whatsoever to apprehend any person found committing any of the above-named offences, and forthwith to deliver him to a Police Officer of the place where he shall have been apprehended, to be taken before any Magistrate having jurisdiction in such place; and it shall be the duty of every Police Officer to use his best endeavours to apprehend and to convey before a Magistrate any person that he shall find so offending, together with such obscene, books, papers, prints, drawings, paintings, and representations, as may be found with such person.

3. Mode of procedure by Magistrate. Upon information given or charge preferred, upon oath or solemn affirmation, a Magistrate, within whose jurisdiction the offence may have been committed, may issue a summons for the appearance, or a warrant for the apprehension, of any person accused of any of the offences enumerated in Section I, and such Magistrate shall proceed under the rules of the general law to hear and determine the case. Provided that it shall not be necessary to require the presentation of a complaint in writing, nor to require the attendance of any complainant, anything contained in. Section VI Regulation IX of 1807 of the Bengal Code, or in Section XV of Regulation IX of 1816 of the Madras Code, or any other law, to the contrary notwithstanding.

4. Magistrate required, to seize and destroy obscene Kooks, &c. Magistrate is required to destroy, or cause to be destroyed, all such obscene books, papers, prints, drawings, paintings, or representations as may come within his power or control.

Importation of obscene books, pictures &c., prohibited. V. After the passing of this Act, After the passing of this Act it shall not be lawful for any person to import into any part of the aforesaid territories any obscene book, print, or picture; and every such book, print, or picture shall be forfeited and shall be seized by any Officer of Customs, and the same shall be destroyed by such Officer.

6. Appeal from orders or sentences passed under this Act All orders or sentences passed under this Act shall be appealable in the usual manner under the Regulations and Laws that are or may be in force relating to appeals from the orders of Magistrates or other Officers exorcisms the powers of a Magistrate.

7. Act not to apply to representations in temples, &c. Nothing contained in this Act shall apply to any representation Act not to apply to sculptured, engraved, or painted, on or in any temple, or on representations sculptured, engraved, or painted, on or in any temple, or on any car used for the converyance of idols.

8. Conviction to be quashed on merits only. Form of conviction, &c No conviction, order, or judgment of any justice of the peace shall be quashed for error of form or procedure, but only on the merits; and it shall not be necessary to state on the face of the conviction, order, or judgment, the evidence on which it proceeds; but the depositions taken, or a copy of them, shall be returned with the conviction, order, or judgment, in obedience to any writ of certiorari; and if no jurisdiction appears on the face of the conviction, order, or judgment, but the depositions taken supply that defect, the conviction, order, or judgment shall be aided by what so appears in such depositions.

9. Interpretation. The following words in this Act shall have the meanings assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say)

The word Magistrate shall include Joint Magistrates and persons lawfully exercising the powers of a Magistrate and Justices of the Peace.

Words importing the singular number shall include the plural number and words importing the plural number shall include the singular number.

Words importing the masculine gender shall include females.