1 Indecent Representation of

Women (Prohibition) Act, 1986

Introduction
The law relating to obscenity is codified in Sections 292, 293, and 294 of the Indian Penal Code (IPC),
1860.
However, there was a growing tendency, particularly in advertisements, paintings, photography, and
publications, to denigrate women and depict them in dark humour. It was felt necessary to have
separate legislation to prohibit such indecent representation of women, particularly in media and
publication.
This legislation prohibits, in any manner, 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. It also prohibits the selling, distribution, and circulation of such materials which
represent women in an indecent manner.

History of the Act

The Indecent Representation of Women (Prohibition) Act, 1986, received the assent of the President of
India on 23 December 1986 and came into force on 02 October 1987. The Act was enacted because in
spite of the law relating to obscenity in this country codified in Sections 292 to 294 of the IPC, there
was a growing body of indecent representation of women or references to women in publications,
particularly advertisements, etc., that had the effect of denigrating women and were derogatory to
women.

Object and Application of the Act

y The Indecent Representation of Women (Prohibition) Act, 1986, was enacted to punish publishers
and advertisers who knowingly disseminate materials that portray women in an indecent manner.
y The Indecent Representation of Women (Prohibition) Act, 1986, prohibits the use of indecent pictures
of women in print and electronic media to promote product sales.
y 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. The
definition or meaning of indecent representation of women ex facie would make it clear that many
films and advertisements clearly come within the sweep of the offence under the Act.
y The Indecent Representation of Women (Prohibition) Act, 1986, was enacted to prohibit indecent
representation of women through advertisements or in publications, writings, paintings, figures, or in
any other manner, for which the Department of Women and Child Development, Ministry of Human
Resource Development is the nodal authority.
y Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986, states that “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 the indecent representation of women in any form”. From the plain reading of the provision, it
clearly appears that to bring home the charge of Section 4 of the Act, the prosecution has to establish
that the accused has depicted the figure of a woman and produced, sold, distributed, or circulated

Indecent Representation of Women (Prohibition) Act, 1986 1

 any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation, or
figure which contains the indecent representation of women in any form, and the said depiction has
affected public morals and morality.
y Sections 3 and 4 of the said Act pertain to the prohibition of advertisements containing indecent
representation of women and the publication of books, pamphlets, films, etc. The contravention of
Sections 3 and 4 is made punishable under Section 6 of the said Act.

Statement of Objects and Reasons

The law relating to obscenity in this country is codified in Sections 292, 293, and 294 of the Indian
Penal Code. In spite of these provisions, there is a growing body of indecent representation of women
or references to women in publications, particularly advertisements, etc., which have the effect of
denigrating women and are derogatory to women. Though there may be no specific intention, these
advertisements, publications, etc., have the effect of depraving or corrupting persons. It is, therefore,
felt necessary to have a separate legislation to effectively prohibit the indecent representation of
women through advertisements, books, pamphlets, etc.
The salient features of the Bill are as follows.
(a) Indecent representation of women has been defined to mean 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.
(b) It is proposed to prohibit all advertisements, publications, etc., which contain indecent
representation of women in any form.
(c) It has also been proposed to prohibit the selling, distribution, circulation of any books, pamphlets,
etc., containing indecent representation of women.
(d) Offences under the Act are made punishable with imprisonment of either description for a
term exceeding two years and a fine extending 2000 rupees on the first conviction. Second and
subsequent convictions will attract a higher punishment.
The Bill seeks to achieve the aforesaid objectives.

Amending Act
The Jammu and Kashmir Reorganisation Act, 2019 (Act 34 of 2019)

Subjective Theory
Decency varies from place to place and person to person. As society progresses, and there is a change
in the lifestyle of people, the standard of propriety, etc., also changes. Even the Constitution of India,
in its Preamble, not only grants equality to women, but also empowers the State to adopt measures
of positive discrimination in favour of women. Within the framework of a democratic polity, our laws,
development policies, plans, and programmes have aimed at women’s advancement in different
spheres. India has enacted various laws to secure equal rights for women. Sections 292, 293, and 294
of the Indian Penal Code, 1860, mention laws to curb obscenity. The Indecent Representation of Women
(Prohibition) Act, 1986, was legislated to effectively prohibit the indecent representation of women in
any form through advertisements, publications, etc.

2 Indecent Representation of Women (Prohibition) Act, 1986

The Concept of Obscenity
The term ‘obscenity’ is derived from the Latin term obscaena. The word can be used to indicate a
strong moral repugnance, in expressions such as ‘obscene profits’. As per the dictionary meaning,
obscenity is something that “is offensive to chastity, delicacy, or decency, expressing of presenting to
the mind of view something that decent, delicacy, and purity forbid to be exposed, offensive to morals,
indecent, impure”.
In the case of Aveek Sarkar versus State of West Bengal [AIR 2014 SC 1495], the Supreme Court held
that the question of obscenity must be seen in the context in which the photographs appear, and
the message they want to convey. The Court further said that the correct test to determine obscenity
would be the Community Tolerance Test, and not the Hicklin Test. Applying the Community Tolerance
Test, the Court held that decisions in such cases must be taken keeping in mind the contemporary
national standards, and not the standards of a group of sensitive persons. If society accepts the
portrayal of sexual activities on the silver screen, the Court must not strike it down for the sake of a
few sensitive persons. If it is acceptable to society in general, the Court must accept it too.

Article 21
Article 21 is considered to be the Magna Carta of human lives and their dignity and liberty. It is
termed as the real evolution of the Indian legal framework and the Indian Constitution. Article 21 of
the Constitution of India states “No person shall be deprived of his life or of personal liberty except
according to the procedure as established by law”.
In Maneka Gandhi versus Union of India [1978 SCR 631], it was ruled that the right to live does not mean
mere physical existence on this Earth, but it means to lead a dignified and meaningful human life. In
Bandhua Mukti Morcha versus Union of India [1997 10 SCC 549], it was clearly stated by the Court that it
is the fundamental right of every citizen to lead an exploitation-free, dignified life. So, it is the duty of
the State to ensure that every woman, as an individual human being, has the right to lead a dignified,
free life.

Constitutional and Legal Provisions Related to Obscenity and Indecent Representation of

Women
The Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties, and Directive
Principles of State Policy, awards equality to women; yet, in addition, it engages the State to adopt
proportions of positive legislation for women.

Sections 292 and 293 of the Indian Penal Code, 1860

Section 292 of the Indian Penal Code, 1860, deals with the sale of obscene books, pamphlets, inter
alia representation, which shall be deemed to be obscene if it is “lascivious or appeals to the prurient
interest”, including obscene advertisements. Sections 292 and 293 of the Indian Penal Code, 1860,
empower the government to forfeit all copies of such published material.
In Chandrakant Kalyandas Kakodar versus State of Maharashtra [(1969) 2 SC 687], it was held that
obscenity cannot be defined in a similar manner in all the cases, as there are no fixed rules available to
define it. Whereas, in Ranjit D Udeshi versus State of Maharashtra [(1965) 1 SCR 65], where a bookseller
was found selling a copy of Lady Chatterley’s Lover, and was convicted under Section 292 of the Indian
Penal Code, 1860. The Court held that the effect of the book, on the society as a whole, needs to be
evaluated, and that there should be a balance between public decency and morality. Even though
the word ‘obscene’ has not been clearly defined, there is use of the words “shall be deemed to be

Indecent Representation of Women (Prohibition) Act, 1986 3

 obscene”. So, anything that creates friction, and is lascivious, or which appeals to the prurient interest,
or the effect of which has a tendency to deprave and corrupt a person, is obscene within the meaning
of this Section.

Need for a New Law

‘Advertisement’ includes any notice, circular, label, wrapper, or other document, as defined in the Act,
and also includes any visible representation made by means of any light, sound, smoke, or gas. The
Amendment, as introduced by the National Commission for Women, seeks to amend the definition of
‘advertisement’ to include any sign, circle, sticker, poster, wrapper, or other documents, as well as any
visible representation rendered by any laser light, sound, smoke, gas, fibre, or other media. It states
that no individual shall produce, sell, employ, distribute, circulate, or mail any book, image, or painting,
containing any form of indecent representation of women.
In order to reform the existing indecent structure, the Representation of Women (Prohibition) Bill, 2012,
seeks to emphasise the inclusion of women in the audio–visual and electronic communication media,
and to address the issue of female objectification.

Section 2(c): Indecent Representation of Women

Section 2(c) defines ‘indecent representation of women’ to mean “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”.
However, the National Commission for Women has recommended in the 2012 Bill that the definition of
‘indecent representation of women’ be changed to mean the following.
(a) “Publication or distribution in any manner, of any material depicting women as sexual objects, any
of which is lascivious or appeals to the prurient interest, or
(b) depiction, publication, or distribution 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 which is likely to deprave, corrupt, or injure the public morality or morals.”
In the case of State of Maharashtra versus Madhukar Narayan Mardikar [AIR 1997 SC 3011], the Supreme
Court held that be it any woman, even a woman of easy virtue, everyone is entitled to the right to
privacy, and no one has a right to invade it when desired. Thus, Article 21 guarantees a dignified life for
prostitutes too.
Under the Constitution of India, Article 21 holds provisions for the protection of life and personal
liberty. ‘Life’ under this Article, does not merely mean physical living, but also includes every activity
which a living person is entitled to, one of which is living in dignity. If an indecent depiction of any
woman takes place, it is a clear infringement of her right to life, and the culprit deserves punishment
for this malevolence.
In the case of Chandra Rajakumari versus Commissioner of Police, Hyderabad [AIR 1998 AP 302], it was
held that conducting beauty contests are indecent and offensive to a woman’s dignity, violating Article
21 of the Constitution of India, and Section 2(2) of the Andhra Pradesh Objectionable Performance
Prohibition Act, 1956. ‘Objectionable performance’ means any performance which is grossly indecent,
scurrilous, obscene, or intended for blackmail. Hence, the government is empowered to prohibit the
contest as objectionable performance under Section 3 of the said Act.

4 Indecent Representation of Women (Prohibition) Act, 1986

Powers Vested to Officer and Government under the Act
The Indecent Representation of Women (Prohibition) Act punishes women’s indecent depiction, which
implies a woman’s image in some way, her form, or body, and any aspect of the woman’s body, so as
to cause immorality, degradation, or to deprave, abuse, or harm public morality or moral standards.
It states that no person shall publish or release any advertisements involving an obscene portrayal of
women or agree to participate in such publications or shows.

Section 5: Power to Enter and Search

Section 5 of the Act gives power to a Gazetted Officer to enter and search any premises within the
local limits.
“(1) Subject to such rules as may be prescribed, any Gazetted Officer authorised by the State Government
may, within the local limits of the area for which he is so authorised,
(a) enter and search at all reasonable times, with such assistance, if any, as he considers necessary,
any place in which he has reason to believe that an offence under this Act has been or is being
committed;
(b) seize any advertisement or any book, pamphlet, paper, slide, film, writing, drawing, painting,
photograph, representation, or figure, which he has reason to believe contravenes any of the
provisions of this Act;
(c) examine any record, register, document, or any other material object found in any place mentioned
in clause (a) and seize the same if he has reason to believe that it may furnish evidence of the
commission of an offence punishable under this Act:
Provided that no entry under this sub-section shall be made into a private dwelling house without a
warrant:
Provided further that the power of seizure under this sub-section may be exercised in respect of any
document, article, or thing which contains any such advertisement, including the contents, if any,
of such document, article, or thing, if the advertisement cannot be separated by reason of its being
embossed or otherwise from such document, article, or thing without affecting the integrity, utility, or
saleable value thereof.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to
any search or seizure under this Act as they apply to any search or seizure made under the authority
of a warrant issued under section 94 of the said Code.
(3) Where any person seizes anything under clause (b) or (c) of sub-section (1), he shall, as soon as may
be, inform the nearest Magistrate and take his orders as to the custody thereof.”

Section 6: Penalties
Section 6 of the Act of 1986 imposes a penalty on the offender. The provision states that “Any person who
contravenes the provisions of Section 3 or 4 shall be punishable on first conviction with imprisonment
of either description for a term which may extend to two years, and with a fine which may extend to
2000 rupees, and in the event of a second or subsequent conviction with imprisonment for a term of
not less than six months but which may extend to five years and also with a fine not less than 10000
rupees but which may extend to one lakh rupees”.

Section 8: Offences to Be Cognizable and Bailable

Section 8 of the Indecent Representation of Women (Prohibition) Act, 1986, classifies the offences
punishable under this Act as bailable and cognizable offences.

Indecent Representation of Women (Prohibition) Act, 1986 5

 Section 9: Protection of Action Taken in Good Faith
Section 9 of the Act states that “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”.

Section 10: Power to Make Rules

Section 10 of the Act of 1986 states the following.
“(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 30 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 that any such modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.”

Objective Type Questions

1. The law relating to obscenity is codified in C. Indecent representation III. Section 2(a)
Sections __________ of the Indian Penal of women
Code, 1860. D. Distribution IV. Section 2(c)
(A) 292, 293, and 294 (A) A-I; B-II; C-III; D-IV
(B) 292, 239, and 294 (B) A-III; B-I; C-IV; D-II
(C) 229, 293, and 294 (C) A-III; B-I; C-II; D-IV
(D) 292, 293, and 249 (D) A-III; B-II; C-I; D-IV
Ans. (A) Ans. (B)
2. The Indecent Representation of Women y ‘Advertisement’ includes any notice, circular,
(Prohibition) Act, 1986, came into force on: label, wrapper, or other document and also
(A) 02 October 1987 includes any visible representation made by
(B) 03 October 1987 means of any light, sound, smoke, or gas.
(C) 02 October 1978 y ‘Distribution’ includes distribution by way of
(D) 07 October 1987 samples whether free or otherwise.
Ans. (A) y ‘Indecent representation of women’ means
3. Choose the correct pair. the depiction in any manner of the figure of a
List A List B woman, her form or body or any part thereof
A. Advertisement I. Section 2(e) in such a way as to have the effect of being
B. Package II. Section 2(b) indecent, or derogatory to, or denigrating,

6 Indecent Representation of Women (Prohibition) Act, 1986

 women, or is likely to deprave, corrupt, or Section 7. “Offences by companies.
injure the public morality or morals. (1) Where an offence under this Act has been
y ‘Package’ includes a box, carton, tin, or other committed by a company, every person, who,
container. at the time the offence was committed, was
in charge of, and was responsible to, the
4. Section 3 states that “No person ______
company for the conduct of the business of
publish, or cause to be published, or arrange
the company, as well as the company, shall
or take part in the publication or exhibition of,
be deemed to be guilty of the offence and
any advertisement which contains indecent
shall be liable to be proceeded against and
representation of women in any form”.
punished accordingly:
(A) may
Provided that nothing contained in this
(B) shall
sub-section shall render any such person
(C) ought to be
liable to any punishment, if he proves that
(D) can
the offence was committed without his
Ans. (B)
knowledge or that he had exercised all due
5. Notwithstanding anything contained in the
diligence to prevent the commission of such
Code of Criminal Procedure, 1973 (2 of 1974),
offence.
an offence punishable under the Indecent
(2) Notwithstanding anything contained in sub-
Representation of Women (Prohibition) Act,
section (1), where any offence under this
1986, shall be ______.
Act has been committed by a company
(A) bailable and non-cognizable
and it is proved that the offence has been
(B) non-bailable and cognizable
committed with the consent or connivance
(C) bailable and cognizable
of, or is attributable to any neglect on the
(D) non-bailable and non-cognizable
part of, any director, manager, secretary, or
Ans. (C)
other officer of the company, such director,
Section 8. “Offences to be cognizable and
manager, secretary, or other officer shall be
bailable.
proceeded against and punished accordingly.
(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), Explanation: for the purposes of this Section,
an offence punishable under this Act shall 1. ‘company’ means anybody or corporate
be bailable. and includes a firm or other association of
individuals; and
(2) An offence punishable under this Act shall
2. ‘director’, in relation to a firm, means a
be cognizable.”
partner in the firm.”
6. Where an offence has been committed by a
company, every person, who, at the time the 7. No suit, prosecution, or other legal proceeding
offence was committed, was in charge of, shall lie against the Central Government or
and was responsible to, the company, shall any State Government or any officer of the
be held liable, unless he proves that ______. Central Government or any State Government
for anything which is in ____________ done or
(A) the offence was committed without his
intended to be done under this Act.
knowledge
(B) he had exercised all due diligence to (A) contravention of belief
prevent the commission of such offence (B) dishonest intention
(C) Both (A) and (B) (C) good faith
(D) None of the above (D) fraudulent intention
Ans. (C) Ans. (C)

Indecent Representation of Women (Prohibition) Act, 1986 7

 8. As per the Indecent Representation of Government may, within the local limits of
Women (Prohibition) Act, 1986, any person the area for which he is so authorised,
who contravenes provisions of Section 3 or (a) enter and search at all reasonable
4, in the event of a second or subsequent times, with such assistance, if any, as he
conviction, shall be punished ______. considers necessary, any place in which
(A) with imprisonment for a term which he has reason to believe that an offence
may extend to two years, and with a fine under this Act has been or is being
which may extend to 2000 rupees committed;
(B) with imprisonment for a term of not less (b) seize any advertisement or any
than six months but which may extend to book, pamphlet, paper, slide, film,
five years, and with a fine not less than writing, drawing, painting, photograph,
10000 rupees but which may extend to representation, or figure which, he has
one lakh rupees reason to believe, contravenes any of the
(C) with imprisonment for a term which provisions of this Act;
may extend to three years, and with fine
(c) examine any record, register, document,
which may extend to 5000 rupees
or any other material object found in any
(D) with imprisonment for a term not less
place mentioned in clause (a) and seize
than nine months which may extend to
the same if he has reason to believe that it
five years, and with a fine not less than
may furnish evidence of the commission
10000 rupees but which may extend to
of an offence punishable under this Act:
one lakh rupees
Ans. (B) Provided that no entry under this sub-
Section 6. “Penalty—Any person who contravenes section shall be made into a private dwelling
the provisions of Section 3 or 4 shall be house without a warrant:
punishable on first conviction with imprisonment Provided further that the power of
of either description for a term which may extend seizure under this sub-section may be
to two years, and with a fine which may extend exercised in respect of any document,
to 2000 rupees, and in the event of a second or article, or thing which contains any such
subsequent conviction with imprisonment for a advertisement, including the contents, if
term of not less than six months but which may any, of such document, article, or thing, if
extend to five years and also with a fine not less the advertisement cannot be separated by
than 10000 rupees but which may extend to one reason of its being embossed or otherwise
lakh rupees.” from such document, article, or thing without
9. Who is empowered to conduct a search affecting the integrity, utility, or saleable
and seizure of indecent material under value thereof.
the Indecent Representation of Women (2) The provisions of the Code of Criminal
(Prohibition) Act, 1986? Procedure, 1973 (2 of 1974), shall, so far
(A) Judicial Magistrate as may be, apply to any search or seizure
(B) Executive Magistrate under this Act as they apply to any search
(C) Any police officer or seizure made under the authority of a
(D) Any gazetted officer warrant issued under Section 94 of the said
Ans. (D) Code.
Section 5. “Powers to enter and search. (3) Where any person seizes anything under
(1) Subject to such rules as may be prescribed, clause (b) or (c) of sub-section (1), he shall,
any Gazetted Officer authorised by the State as soon as may be, inform the nearest

8 Indecent Representation of Women (Prohibition) Act, 1986

 Magistrate and take his orders as to the (A) inform the Chief Judicial Magistrate
custody thereof.” (B) inform a police officer
(C) inform the nearest Magistrate
10. Where any person seizes anything under
(D) None of the above
Section 5 of the Act, he shall, as soon as may
Ans. (C)
be, ______.

Indecent Representation of Women (Prohibition) Act, 1986 9