Section 8
R.O. 5/2021
of Penal Code
122 CAP. 22
Penal Code
Sale etc. of obscene articles 292.
(1)
For the purposes of this section and section 293, an article is deemed to be obscene if its effect or (where the article 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, having regard to all relevant circumstances, are likely (or would have been likely but for the lawful seizure of the article) to read, see or hear the matter contained or embodied in it.
(2)
In this section, "article" means any description of article containing or embodying matter to be read or looked at or both, any sound record, and any film, video cassette, photographic negative or other record of a picture.
(3)
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 article;
(b)
imports, exports or conveys any obscene article for any of such purposes, or knowing or having reason to believe that such article will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation;
(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 articles are, for any of such purposes, made, produced, purchased, kept. imported, exported. conveyed, publicly exhibited or in any manner put into circulation;
(4 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 article can be produced from or through any person; or
(e)
offers or attempts to do any act which is an offence under this section, shall be punished with imprisonment for a term not exceeding 2 years and fine of not less than $500 and not more than $5,000, and in the case of a
Penul Code
CAP. 22 123
second or subsequent conviction, imprisonment for a term not exceeding 5 years and fine of not less than $1,000 and not more than $30,000.
- Exception-This section doesnot extend to any book, pampma, writing, drawing or painting kept or used bonu Jide for religious purposes or any representation sculptured, engraved, painted or otherwise represented on or in any temple.
a
Sale etc. of obscene articles to person under 20 293.
Whoever -
(a)
sells, lets to hire, distributes, exhibits or circulates to any person under the age of 20 years any obscene articles; or
(b)
offers or attempts so to do.
shall be punished with imprisonment for a term not exceeding 3 years and fine of not less than $1,000 and not more than $10,000, and in the case of a second or subsequent conviction, imprisonment for a term not exceeding 5 years and fine of not less than $3,000 and not more than $50,000.
Possession of indecent photograph of child 293A.
(1)
Whoever has in his possession an indecent or obscene photograph or pseudo-photograph of a child shall be punished with imprisonment for a term not exceeding 5 years, fine or both.
(2)
Where a person is charged with an offence under subsection (1): it shall be a defence for him to prove that -
(a)
he had legitimate reason for having the photograph or pseudo-photograph in his possession;
(b)
he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent or obscene; or
(c)
the photograph or pseudo-photograph was sent to him without any prior request made by him or on his behalf and that he did not keep it for an unreasonable time.
124 CAP. 22
Penal Code
Taking, distribution, showing, advertisement and access of indecent photograph of child 293B.
(1)
Whoever -
(a)
takes or permits to be taken or abets the taking of any indecent or obscene photograph or pseudo-photograph of a child;
(b)
distributes or shows such indecent or obscene photographs or pseudo-photographs;
(c)
has in his possession such indecent or obscene photographs with a view to their being distributed or shown by himself to others;
(4 published or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or show such indecent photographs or pseudo-photographs, or intends to do so: or
(e)
accesses any indecent or obscene photograph or pseudo-photograph of a child, shall be punished with imprisonment for a term not exceeding 10 years, fine or both.
(2)
In this section, a person is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.
(3)
For the purposes of subsection (l)(e), a person accesses an indecent or obscene photograph or pseudo-photograph of a child if he knowingly causes the indecent or obscene photograph or pseudo-photograph to be viewed by, or transmitted to, himself.
(4)
Where a person is charged with an offence under subsection (l)(b) or (c), it shall be a defence for him to prove that -
(a)
he had a legitimate reason for distributing or showing the photographs or pseudo-photographs or having them in his possession; or
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CAP. 22 125
(b)
he had not himself seen the photographs or pseudo-photographs and did not know, nor had any cause to suspect, them to be indecent.
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Interpretation of sections 293A and 293B