IPC Section 230
🔹 IPC Section 230 – Sale of Obscene Books, etc.
Text of Section 230
"Whoever sells, lets to hire, distributes, publicizes or advertises, or offers for sale, hire, distribution, public exhibition or circulation, or for any such purpose produces or has in his possession any obscene books, pamphlets, paper, drawing, painting, representation or figure or any other obscene object whatsoever, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine."
🔍 Explanation
Section 230 deals with the sale, distribution, advertisement, or possession of obscene material. It aims to regulate and punish those involved in the commercial handling or promotion of obscene content.
🔹 Key Elements of Section 230
Offense relates to obscene materials — which include books, pamphlets, drawings, paintings, representations, figures, or any other objects that are obscene.
The person must be involved in one or more of the following activities:
Selling
Letting to hire (renting out)
Distributing
Publicizing or advertising
Offering for sale, hire, distribution, exhibition, or circulation
Producing the obscene material
Having possession of obscene material for any of the above purposes.
The material must be obscene — typically meaning that it offends morality or decency according to legal standards.
🔹 Punishment
Imprisonment: Up to 2 years (can be rigorous or simple imprisonment).
Fine: Along with imprisonment, the offender is also liable to pay a fine.
🔹 What qualifies as "Obscene"?
The term obscene is not explicitly defined in IPC but has been interpreted by courts based on:
Whether the material tends to deprave and corrupt persons who are likely to read, see, or hear it.
The test often refers to community standards of morality.
Often, materials involving explicit sexual content or content offensive to public decency fall under this.
🔹 Important Points
Mere possession of obscene material with intent to sell, distribute, or exhibit is punishable.
The law does not prohibit private possession for personal use (unless for distribution).
The section focuses on commercial exploitation and public dissemination.
Covers printed matter, visuals, and other objects.
🔹 Example Scenario
If a person sells or distributes obscene magazines or films openly, they can be prosecuted under Section 230. Similarly, if someone advertises obscene material for sale or hire, they are also liable.
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