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THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986
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ARRANGEMENT OF SECTIONS
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SECTIONS
- Short title, extent and commencement.
- Definitions.
- Prohibition of advertisements containing indecent representation of women.
- Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women.
- Powers to enter and search.
- Penalty.
- Offences by companies
- Offences to be cognizable and bailable.
- Protection of action taken in good faith.
- Power to make rules.
THE INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986
ACT NO. 60 OF 1986
[23 rd December , 1986.]
An Act to prohibit indecent representation of women through advertisements or in publications,
writings, paintings, figures or in any other manner and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:—
1. Short title, extent and commencement. —( 1 ) This Act may be called the Indecent Representation
of Women (Prohibition) Act, 1986. ( 2 ) It extends to the whole of India, 1 ***. ( 3 ) It shall come into force on such date^2 as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions. —In this Act, unless the context otherwise requires,—
( a ) “advertisement” includes any notice, circular, label, wrapper or other document and also includes any visible representation made by means of any light, sound, smoke or gas; ( b ) “distribution” includes distribution by way of samples whether free or otherwise; ( c ) “indecent representation of women” means the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent, or derogatory to, or denigrating, women, or is likely to deprave, corrupt or injure the public morality or morals; ( d ) “label” means any written, marked, stamped, printed or graphic matter, affixed to, or appearing upon, any package; ( e ) “package” includes a box, carton, tin or other container; ( f ) “prescribed” means prescribed by rules made under this Act.
3. Prohibition of advertisements containing indecent representation of women. —No person shall
publish, or cause to be published, or arrange or take part in the publication or exhibition of, any advertisement which contains indecent representation of women in any form.
4. Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent
representation of women. —No person shall produce or cause to be produced, sell, let to hire, distribute,
circulate or send by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representation of women in any form:
Provided that nothing in this section shall apply to—
( a ) any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation
or figure—
( i ) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure is in the interest of science, literature, art, or learning or other objects of general concern; or ( ii ) which is kept or used bona fide for religious purposes;
- The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
- 2nd October, 1987, vide notification No G.S.R. 821(E), dated 25th September, 1987, see Gazette of India, Extraordinary, Part II, sec. 3( i ).
officer of the company, such director, manager, secretary or other officer shall be proceeded against and punished accordingly.
Explanation .—For the purposes of this section,—
( a ) “company” means any body corporate and includes a firm or other association of individuals; and ( b ) “director”, in relation to a firm, means a partner in the firm.
8. Offences to be cognizable and bailable. —( 1 ) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), an offence punishable under this Act shall be bailable. ( 2 ) An offence punishable under this Act shall be cognizable.
9. Protection of action taken in good faith .—No suit, prosecution or other legal proceeding shall lie
against the Central Government or any State Government or any officer of the Central Government or any State Government for anything which is in good faith done or intended to be done under this Act.
10. Power to make rules .—( 1 ) The Central Government may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act. ( 2 ) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
( a ) the manner in which the seizure of advertisements or other articles shall be made, and the manner in which the seizure list shall be prepared and delivered to the person from whose custody any advertisement or other article has been seized; ( b ) any other matter which is required to be, or may be, prescribed. ( 3 ) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
