The Pakistan Penal Code, 1860

[1](XLV OF 1860)

[6th October, 1860]

292.   Sale, etc., of obscene books, etc. Whoever:--

(a)     sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene books, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever, or

(b)     imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation, or

(c)     takes part in, or receives profits from any business, in the course of which he knows or has reason to believe that any such obscene object are, for any of the purposes aforesaid, made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation, or

(d)     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 obscene object can be procured from or through any person, or

(e)     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 three months, or with fine, or with both.

Exception. This section does not extend to any book, pamphlet, writing, drawing or painting kept or used bona fide for religious purposes or any representation sculptured, engraved, painted or otherwise represented on or in any temple, or on any car used for the conveyance of idols, or kept or used for any religious purposes.

 


[1].       The Pakistan Penal Code has been declared in force in--

          It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and also extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area. w.e.f. 1st June, 1951, see N.W.F.P Gazette, Ext., dated 1-6-1951.

          It has been amended in its application to the N.W.F.P., see N.W.F.P Acts 3 of 1941 and 26 of 1950.

          It has also been extended to the Leased Areas of Baluchistan by the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950); and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, P. 1499.

          It has also been extended by notification under Article 7(1)(a) of the N.W.F.P. (Enlargement of the Area and Alteration of Boundary) Order, 1952 (G. G. O. 1 of 1952), to the added area described in the First Schedule to that Order, w.e.f. 7th February, 1952, see N.W.F.P. Government Gazette, 1952, Pt. I, P. 70.

          It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1963 (W.P. Act 6 of 1963), S. 2 (w.e.f. the 18th April, 1963).

          It has also been amended in its application to the Province of West Pakistan by the Pakistan Penal Code (West Pakistan (Amdt.) ) Act, 1964 (W.P. Act 32 of 1964), S. 2 (w.e.f. 27-4-1964).