Section 292 IPC: Sale, etc., of obscene books, etc.
Indian Penal Code, 1860
Section 292 IPC at a Glance
Section 292 IPC deals with sale, etc., of obscene books, etc. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 294 BNS.
On first conviction, imprisonment of either description for a term which may extend to two years. On a second or subsequent conviction, imprisonment of either description for a term which may extend to five years.
Section 292 IPC Bare Act Text
292. Sale, etc., of obscene books, etc.
(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
(2) 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 book, 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 objects 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 on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to five thousand rupees.
Exception.—This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, 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, writing, drawing, painting, 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 Monuments 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.
Source: Section 292, Indian Penal Code, 1860
Section 292 IPC in Simple Words
Section 292 of the Indian Penal Code (IPC) punishes the sale, hire, distribution, public exhibition, circulation, production, possession for circulation, importation, exportation, conveyance, or advertising of obscene books, pamphlets, papers, drawings, paintings, representations, figures, or other obscene objects, as well as taking part in or receiving profits from a business in which such objects are dealt with, and offering or attempting any of these acts. An object is deemed obscene if it is lascivious or appeals to the prurient interest or tends to deprave and corrupt persons likely to read, see, or hear it.
The offence does not extend to matter justified for the public good in the interest of science, literature, art, or learning, or used bona fide for religious purposes, or depicted on ancient monuments or temples. Punishment on first conviction is imprisonment of either description for up to two years, and with fine up to two thousand rupees.
Upon a second or subsequent conviction, imprisonment of either description may extend to five years, and also with fine up to five thousand rupees. Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, bailable, and triable by any Magistrate.
Ingredients of Section 292 IPC
- An object being a book, pamphlet, paper, writing, drawing, painting, representation, figure or other object that is deemed obscene because it is lascivious, appeals to the prurient interest, or tends to deprave and corrupt persons likely to read, see or hear it
- Selling, letting to hire, distributing, publicly exhibiting, putting into circulation, producing, possessing for circulation, importing, exporting, conveying or advertising that obscene object, taking part in or receiving profits from a business in which such objects are dealt with, or offering or attempting to do any such act
Punishment Under Section 292 IPC
On first conviction, imprisonment of either description for a term which may extend to two years. On a second or subsequent conviction, imprisonment of either description for a term which may extend to five years.
On first conviction, fine which may extend to two thousand rupees. On a second or subsequent conviction, fine which may extend to five thousand rupees. Fine is imposed together with imprisonment, not as an alternative.
Selling or circulating obscene books or objects is punishable on first conviction with imprisonment of either description for up to two years and with fine of up to two thousand rupees, and on a second or subsequent conviction with imprisonment for up to five years and with fine of up to five thousand rupees.
Example of Section 292 IPC
When Section 292 IPC Does Not Apply
- Section 292 IPC does not apply when the book, painting, figure, or object is neither lascivious nor appealing to the prurient interest, and does not tend to deprave and corrupt those likely to read, see, or hear it.
- Section 292 IPC does not apply to mere private possession of an obscene object when it is not held for sale, hire, distribution, public exhibition, or circulation.
- Section 292 IPC does not apply when the publication of the work is proved to be justified for the public good because it serves science, literature, art, learning, or other objects of general concern, or when it is kept or used in good faith for religious purposes.
- Section 292 IPC does not apply to sculptures, engravings, paintings, or representations on or in an ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or on any temple or idol chariot used for religious purposes.
Section 292 IPC in the BNS
Section 292 IPC is now covered under Section 294 BNS.
Section 292 IPC corresponds to Section 294 BNS. Section 294 BNS adds display of any content in electronic form to the definition of obscene objects in sub-section 1, and adds in whatever manner to clause a of sub-section 2. The imprisonment terms are unchanged, but the maximum fine increases from two thousand rupees to five thousand rupees on a first conviction, and from five thousand rupees to ten thousand rupees on a second or subsequent conviction.
View detailed comparison (IPC 292 vs BNS 294) →FAQs on Section 292 IPC
What does Section 292 IPC punish?▼
Section 292 IPC punishes selling, letting to hire, distributing, publicly exhibiting, circulating, making, producing, possessing for circulation, importing, exporting, conveying, or advertising any obscene book, pamphlet, paper, drawing, painting, representation, figure, or other obscene object. It also punishes taking part in or receiving profits from a business in which such objects are dealt with, and offering or attempting any of these acts.
What is the statutory test for obscenity under Section 292 IPC?▼
Under sub-section 1, an object is deemed obscene if it is lascivious or appeals to the prurient interest or if its effect, taken as a whole, tends to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear it.
What is the punishment under Section 292 IPC?▼
On first conviction, imprisonment of either description for up to two years, and with fine up to two thousand rupees. On a second or subsequent conviction, imprisonment of either description for up to five years, and also with fine up to five thousand rupees.
What is the punishment under Section 294 BNS?▼
On first conviction, imprisonment of either description for up to two years, and with fine up to five thousand rupees. On a second or subsequent conviction, imprisonment of either description for up to five years, and also with fine up to ten thousand rupees.
Is fine mandatory under Section 292 IPC?▼
Yes. The punishment clauses join imprisonment and fine with and, meaning the court must impose fine in addition to imprisonment upon conviction.
What exceptions apply to Section 292 IPC?▼
The section does not extend to publications proved to be justified for the public good in the interest of science, literature, art, or learning, matter kept or used bona fide for religious purposes, or depictions on ancient monuments and temples.
Is Section 292 IPC bailable and cognizable?▼
Yes. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 292 IPC is cognizable, bailable, and triable by any Magistrate.
Can an offence under Section 292 IPC be compounded?▼
No. Section 292 IPC is not compoundable under Section 320 of the Code of Criminal Procedure.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·