IPC Section 292

IPC Section 292 addresses the sale, distribution, and exhibition of obscene materials. This section is crucial as it aims to protect societal morality by regulating content that can harm public decency. It covers various forms of obscene content, including books, drawings, and other materials that tend to corrupt or deprave individuals.

Understanding this section is important because it balances freedom of expression with the need to maintain social ethics. It ensures that materials which can negatively influence public morality are controlled under the law.

IPC Section 292 – Exact Provision

This section criminalizes the sale and circulation of obscene materials. 'Obscene' here refers to content that tends to deprave or corrupt those exposed to it. The law covers various mediums including books, pictures, and other objects. It also includes advertising such materials.

• Prohibits sale and distribution of obscene content.

• Includes various forms like books, drawings, and objects.

• Targets both direct sale and promotion of obscene materials.

• Defines 'obscene' as content that corrupts public morality.

Purpose of IPC Section 292

The main objective of IPC Section 292 is to safeguard public morality and decency by restricting the circulation of obscene materials. It aims to prevent the corruption of minds, especially of vulnerable groups such as children and youth. This section helps maintain social order by controlling content that can lead to moral degradation.

• Protects society from harmful and corrupting influences.

• Prevents exploitation through obscene publications.

• Maintains public decency and ethical standards.

Cognizance under IPC Section 292

Cognizance of offences under Section 292 is generally taken upon receiving a complaint or police report. The offence is cognizable, meaning the police can investigate without prior court approval. Courts take cognizance when there is sufficient evidence of sale or distribution of obscene materials.

• Police can initiate investigation suo motu or on complaint.

• Courts take cognizance based on police reports or complaints.

• Offence is cognizable and non-bailable in serious cases.

Bail under IPC Section 292

Offences under IPC Section 292 are generally non-bailable due to their impact on public morality. However, bail may be granted depending on the facts and circumstances of the case. Courts consider the nature of the material and the intent behind its distribution while deciding bail.

• Bail is not a matter of right but granted on discretion.

• Serious offences involving mass circulation often lead to denial of bail.

• First-time or minor offences may attract leniency.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 292 are triable by the Magistrate's Court. Depending on the severity and the punishment involved, the case may be tried by a Judicial Magistrate or a Sessions Court. The jurisdiction depends on the value and nature of the obscene material involved.

• Judicial Magistrate tries minor offences.

• Sessions Court tries serious offences with higher punishment.

• Cases may be transferred based on complexity and public interest.

Example of IPC Section 292 in Use

Suppose a shopkeeper sells magazines containing explicit adult content without proper warnings or restrictions. A complaint is filed alleging violation of IPC Section 292. The police investigate and seize the magazines. The shopkeeper is charged under this section. If convicted, the shopkeeper may face imprisonment or fine. Conversely, if the material is found to have artistic or educational value, the court may acquit the accused, highlighting the importance of context in such cases.

Historical Relevance of IPC Section 292

IPC Section 292 has its roots in colonial-era laws designed to regulate morality. It has evolved to address changing societal norms and technological advances in media. Courts have interpreted the section to balance freedom of expression with public decency.

• Introduced in 1860 as part of the Indian Penal Code.

• Significant amendments and judicial clarifications over decades.

• Landmark cases shaped the definition of 'obscene'.

Modern Relevance of IPC Section 292

In 2025, IPC Section 292 remains relevant amid digital media proliferation. Courts increasingly face challenges in applying this section to online content. Judicial interpretations emphasize context, intent, and community standards. The section plays a vital role in regulating content on social media and e-commerce platforms.

• Applied to regulate online and digital obscene content.

• Court rulings stress balancing morality with freedom of speech.

• Supports efforts to curb exploitation and protect minors.

Related Sections to IPC Section 292

• Section 293 – Sale of Obscene Objects to Young Persons

• Section 294 – Obscene Acts and Songs

• Section 293A – Sale of Obscene Objects to Children

• Section 67 IT Act – Publishing Obscene Material in Electronic Form

• Section 509 – Word, Gesture or Act Intended to Insult Modesty

Case References under IPC Section 292

1. Ranjit D. Udeshi v. State of Maharashtra (1965 AIR 881, SC)

   – The Supreme Court defined obscenity and upheld conviction for sale of obscene books.

2. Khushboo v. Kanniammal (2010 AIR 3196, SC)

   – Court emphasized community standards in determining obscenity.

3. Aveek Sarkar v. State of West Bengal (2014 AIR 1834, SC)

   – Clarified the test for obscenity balancing freedom of expression.

Key Facts Summary for IPC Section 292

• Section:

  292

• Title:

  Sale of Obscene Material

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to 2 years, fine, or both

• Triable By:

  Magistrate or Sessions Court

Conclusion on IPC Section 292

IPC Section 292 plays a crucial role in maintaining public morality by regulating the sale and distribution of obscene materials. It protects society, especially vulnerable groups, from exposure to content that can corrupt or deprave. The section balances individual freedoms with collective ethical standards.

In the modern digital age, this section continues to adapt to new challenges posed by online content. Courts interpret it carefully to ensure that freedom of expression is preserved while preventing moral harm. Overall, IPC Section 292 remains a vital legal tool for upholding decency and social values.

FAQs on IPC Section 292

What does IPC Section 292 define as obscene material?

Obscene material under IPC Section 292 includes books, drawings, or objects that tend to deprave or corrupt those exposed to them, affecting public morality.

Is IPC Section 292 offence bailable?

Generally, offences under Section 292 are non-bailable, but bail may be granted at the court's discretion based on the case facts.

Which court tries offences under IPC Section 292?

Offences under this section are usually tried by Magistrate Courts, but serious cases may go to Sessions Court.

Does IPC Section 292 apply to digital content?

Yes, courts have extended Section 292's application to obscene digital content, including online publications and social media.

What is the punishment under IPC Section 292?

The punishment can include imprisonment up to two years, a fine, or both, depending on the offence's severity.