What are the violations in advertising in Indian Penal Code? |
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What are the violations in advertising in Indian Penal Code?
Dr KK Aggarwal,  24 December 2020
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Sec. 292(2) (d) of the Indian Penal Code 1860, states that it is a cognizable offense if someone publishes, sells, distributes, hires, or circulates any lewd advertisement.

Section 292 in the Indian Penal Code 

260 (Sec 292 contains information regarding sales, distribution, hiring, publication, or circulation of any type of lewd books etc-261). 

(1)    It includes Sub-section Purposes.

(2)    If any type of pamphlet, book, paper, drawing, painting, writing, representation, or figures that are adjudged to be lewd or seems to be lecherous in a way that it is found to be salacious interest (consists of two or more definite items). Any of these lewd items that are taken into account as a whole found to corrupt or vitiate the person who is considered to be involved in pertinent situations such as to read, see, or hear the matter present or personified in it. 262[(2)] Whoever-

a.    Have a purpose of or found to be selling, distributing, publicly revealing, hiring or circulating, making or producing any lewd object in any of the applicable ways, and consequently have any lewd book, pamphlet paper, drawing, painting, representation or figure or any other salacious object whatsoever, or,

b.    If someone deliberately imports, exports or conveys any lecherous object for any of the aforementioned purposes, and hence have any grounds to think that any of these types of objects that can be sold, hired, distributed, publicly manifested, or circulated in any way, or, 

c.    Anyone who takes part in or gains profits from any business due to which he/she trusts that any of such lewd objects are of any aforementioned purposes, and hence made, produced, exported, imported, purchased, kept, granted, publicly manifested, or in any way found to be circulated, or,

d.    If anyone advertises or makes such lewd objects by any known means whatsoever, or any person is observed to be engaged in an activity that is an offense under this section or obtains any such salacious object from or through any person, or,

e.    If anyone offers or ventures to do any act which is an offense under this act shall be punished and penalized as follows:

•    On first judgment, there is incarceration for a year which can be extended to 2 years with a fine that can be increased to 2000 rupees.

•    On the 2nd judgment, there is incarceration for a year which can be extended to 5 years with the fine that can be increased to 5000 rupees.

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