Young Persons (Harmful Publications) Act, 1956 :: Indian Bare Acts
1.Short title, extent and commencement. –
(1)This Act may be called The Young Persons
(Harmful Publications) Act, 1956.
(2)It extends to the whole of
(3)It shall come into force on such 1[date] as
the Central Government may, by notification in the Official Gazette, appoint.
1.1-2-1957 vide
S.R.O. 334, dated
2.Definitions
(a)“Harmful publication” means any book,
magazine, pamphlet, leaflet, newspaper) or other like publication which
consists of stories told with the aid of pictures or without the aid of
pictures or wholly in pictures, being stories portraying wholly or
mainly-
(i)The
commission of offences; or
(ii)Acts of violence
or cruelty; or
(iii)Incidents of
repulsive or horrible nature; in such way that the publication as a whole would
tend to corrupt a young person into whose hands it might fall, whether by
inciting or encouraging him to commit offences or acts of violence or cruelty
or in any other manner whatsoever;
(b)“State Government” in relation to a-Union
Territory, means the administrator thereof,
(c)“Young person” means a person under the age of twenty years.
3.Penalty for sale, etc., of harmful
Locations. -
(1) If a person-
(a)Sells, lets to
hire, distributes, publicly exhibits of in any manner puts into circulation,
any harmful publication, or
(b)For purposes of
sale, hire, distribution, public exhibition or circulation, prints, makes or
produces or has in his possession any harmful publication, or
(c)Advertises or makes
known by means whatsoever that any harmful publication can be procured from or
through any person, he shall be punishable with imprisonment which may extend
to six months, or with fine, or with both.
(2) On a conviction under this section, the Court may order the destruction of all the copies of the harmful publication in respect of which the conviction was had and which are in the custody of the court or remain in the possession or power of the person convicted.
4.Power of Government to declare harmful
publications forfeited-
(1)The State Government may, if it is of
opinion after consultation with the principal law officer of the State, whether
called the Advocate General or by any other name, that any publication is a
harmful publication declare, by order notified in the Official Gazette, that
every copy of such publication shall be forfeited to the Government and every
such notification shall state the ground for the order.
(2)Without prejudice to the provisions contained in sub-section (1) of Section 6, where there is an order of forfeiture under subsection (1) in respect of any publication it shall be lawful for any police officer to seize the same wherever found in the territories to which this Act extends.
5.Appeal to High Court against order of
forfeiture
Any person aggrieved by an order of forfeiture passed by the State Government under Section 4 may, within sixty days of the date of such order, apply to the High Court to set aside such order, and, upon such application the High Court may pass such order as it deems fit.
6.Power to seize and destroy harmful
publications. -
(1)Any police officer or any other office
empowered in this behalf by the State Government may seize any harmful
publication.
(2)Any Magistrate of the first class may, by
warrant, authorize any police officer not below the rank of sub-Inspector to
enter and search any place where any stock of harmful publications may be or
may be reasonably suspected to be, and such police office may seize any
publication found in such place if in his opinion it is a harmful publication,
(3)Any publication seized under sub-section
(1) shall be produced, as soon as may be, before a Magistrate of the first
class, and any publication seized under sub-section (2) shall be produced as
soon as may be, before the Court which issued the warrant.
(4)If in the opinion of the Magistrate or
Court such publication is a harmful publication, the Magistrate or Court may
cause it to be destroyed, but if, in the opinion of the Magistrate or Court,
such publication is not a harmful publication, the Magistrate or Court shall
dispose of it in the manner provided in Sections 523, 524 and 525 of the 1[Code
of Criminal Procedure, 1898].
1.See now Code of criminal procedure, 1973 (2
of 1974).
7. Offences under this Act to be cognizable
Offences under this Act to be cognizable
Notwithstanding anything contained in the 1[Code of Criminal Procedure, 1898 (5
of 1898)], any offence punishable under this Act shall be cognizable.
1.See now Code of criminal procedure, 1973 (2 of 1974).
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