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Taxmann's Indecent Representation of Women (Prohibition) Act 1986 and Rules

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Contents INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986 PAGE

1.

Short title, extent and commencement

1

2.

Definitions

1

3.

Prohibition of advertisements containing indecent representation of women

2

4.

Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women

3

5.

Powers to enter and search

7

6.

Penalty

8

7.

Offences by companies

8

8.

Offences to be cognizable and bailable

9

9.

Protection of action taken in good faith

9

10.

Power to make rules

9

SUBJECT INDEX

11

INDECENT REPRESENTATION OF WOMEN (PROHIBITION) RULES, 1987 1.

Short title and commencement

13

2.

Definitions

13

3.

Manner of seizure of articles

13

4.

Manner of packing and dealing with advertisements or articles seized

14

I-5


CONTENTS

I-6

PAGE

5.

Manner of seizing and sealing advertisements or articles in certain cases

FORM: List of Advertisements or Articles seized

14 14


Indecent Representation of Women (Prohibition) Act, 1986 [60 OF 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:— Short title, extent and commencement. 1. (1) This Act may be called the Indecent Representation of Women (Prohibition) Act, 19861. (2) It extends to the whole of India, 2[***] (3) It shall come into force on such date3 as the Central Government may, by notification in the Official Gazette, appoint. Definitions. 2. 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; 1. Dated 23-12-1986. 2. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019. 3. With effect from 2-10-1987, vide Notification No. G.S.R. 821(E), dated 25-9-1987.

1


S. 3

INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986

2

(e) “package” includes a box, carton, tin or other container; (f) “prescribed” means prescribed by rules made under this Act. Prohibition of advertisements containing indecent representation of women. 3. 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. COMMENTS SECTION NOTES

3.1 Prohibitions imposed by section 3 Section 3 prohibits the following:

Publication of any advertisement [Para 3.2] which contains indecent representation of women [Para 3.3] in any form.

Causing to be published any such advertisement.

Arranging or taking part in the publication or exhibition of any such advertisement.

No person shall violate any of the above those prohibitions. 3.2 Advertisement

See clauses (a), (d) and (e) of section 2.

3.3 Indecent representation of women ‘Indecent representation of women’ means:

The depiction in any manner of the figure of a women, 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 disprove, corrupt or injure the public morality or morals.

3.4 Punishment for violation of any prohibition imposed by this section

See section 6.

3.5 Violation of section 3 is cognizable and bailable

Violation of any prohibition imposed by section 3 is a cognisable and bailable offence [See section 8 of this Act].

CASE LAWS

Advertisement and Indecency - Section 3 prohibits publishing advertisements containing indecent representations of women. This case addressed an advertisement published in a newspaper for an oil and capsule claimed to strengthen nerves, featuring a side-pose image of a woman in a man’s lap. The court determined that such depictions, in the context of modern societal norms and the prevalence of more explicit material in media, could not be classified as indecent under the Act. The image did not expose private parts or demean women in a way likely to deprave or corrupt public morality. Thus, the prosecution was quashed, emphasizing the need to balance evolving societal standards and legal boundaries.— Babban Prasad Mishra v. P.S. Diwan 2006 CRI. L.J. 3263.


3

INDECENT REPRESENTATION OF WOMEN (PROHIBITION) ACT, 1986

S. 4

Prohibition of Indecent Representation - Section 3 prohibits the publication or distribution of any material that depicts the indecent representation of women in any form. This section aims to safeguard public decency and morality by ensuring that depictions of women in publications, advertisements, or other printed materials do not degrade or offend societal standards. It mandates a balance between freedom of expression and protection against offensive content. In cases such as P.K. Somanath v. State of Kerala (Crl. M.C. No. 1148 of 1988, decided on 20-07-1989), courts have emphasized examining publications based on established standards of decency without relying on oral evidence or comparisons. The judiciary determines whether the content offends the statute, maintaining societal norms and preventing abuse of process.— P.K. Somanath v. State of Kerala 1990 CRI. L.J. 542.

Prohibition of publication or sending by post of books, pamphlets, etc., containing indecent representation of women. 4. 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; (b) any representation sculptured, engraved, painted or otherwise represented on or in— (i) any ancient monument within the meaning of the Ancient Monument and Archaeological Sites and Remains Act, 1958 (24 of 1958); or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose; (c) any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of 1952), will be applicable. COMMENTS SECTION NOTES

4.1 Prohibitions imposed by section 4

Section 4 prohibits any person from:

Producing

Causing to produce

Selling


Indecent Representation of Women (Prohibition) Act 1986 with Indecent Representation of Women (Prohibition) Rules 1987 – Bare Act with Section Notes AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : No. of Pages : BINDING TYPE :

Taxmann’s Editorial Board Taxmann December 2025 2026 Edition 9789371264846 24 Paperback

Rs. 75 DESCRIPTION Indecent Representation of Women (Prohibition) Act 1986 with Indecent Representation of Women (Prohibition) Rules 1987 [Bare Act with Section Notes] by Taxmann consolidates the Act and Rules into a single, updated reference. The 2026 Edition incorporates the latest amendments, legislative references, and section notes, offering in-depth insight into the prohibition of indecent representation of women across advertisements, publications, and electronic media. This book is intended for the following audience: •

Legal Practitioners & Judges

•

Law Students & Academics

•

Government & Law Enforcement Agencies

•

Media, Advertising, & Publishing Professionals

•

NGOs & Social Activists

The Present Publication is the 2026 Edition, covering the amended and updated text of the Indecent Representation of Women (Prohibition) Act [Act No. 60 of 1986] and Rules, with the following noteworthy features: •

[Bare Act Text] Complete text of the Act and the Rules

•

[Updated & Amended] Incorporates relevant amendments, case law, and references

•

[Section Notes] Brief explanations of scope, legislative evolution, and judicial rulings

•

[Relevant Case Laws] Summaries of landmark judgments for practical interpretation

•

[User-friendly Format] Clear headings, bolded keywords, and comprehensive indexing

•

[Ease of Reference] Designed for quick lookups and cross-referencing

•

[Practical Insights] Covers procedural aspects like search, seizure, offences, penalties, and cognisability

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