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Law Relating To Dowry Offences
Prohibition of advertisements containing indecent representation of women.

What is prohibited by Section 3 ?

This Section prohibits any exhibition or publication, directly or indirectly, of any advertisement which contains indecent representation of women in any form. Prohibition of publication or sending by post of books, pamphlets, etc.

What is prohibited by the section?

This section prohibits the production, selling, hiring, distribution, circulation or sending by post any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which contains indecent representation of women in any form.

To what type of publications does this section not apply?

This section is not applicable to - any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure-

  1. the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or
  2. which is kept or used in good faith for religious purposes;

Does this section apply to any representation sculptured, engraved, painted or otherwise represented on or in any ancient monument?

No.

Does this section apply to any temple or any car used for the conveyance of idols or for any religious purpose?

No.

Is Section 4 applicable to any film in respect of which the provisions of Part II of the Cinematorgraphy Act, 1952, is applicable?

No.

Powers to enter and search

Who is authorised to conduct a search under this Section?

Any Gazetted Officer authorized by the State Government.

When can he conduct the search?

He can conduct a search within the local limits of the area for which he is authorised

What is the authority given to him under this Section?

He can enter and search any place in which he has reason to believe that an offence under this Act has been or is being committed. At what time is he authorised to conduct a search?
At all reasonable times.

Is he permitted to take assistance of others in conducting the search?

Yes.

What is he authorised to take from the place of search?

He may take any advertisement or any book, pamphlet, paper, slide, film, writing, drawing, painting, photograph, representation or figure which he has reasons to believe violates any provisions of this Act.

Has he got the power to examine any record, register, document or any other material object found in the place of search?

Yes.

When is he authorised to seize them?

He can also seize them if he has reason to believe that they may furnish evidence for committing the offence punishable under this Act.

Is the Gazetted Officer empowered to enter a private house for search without a warrant?

No.

Do provisions of the Code of Criminal Procedure, 1973 apply to any search or seizure under this Act?

Yes.

Which section of the Code will apply to the search or seizure made under this Act?

Section 94 of the Code.

What should an authorised officer do when he seizes any material after the search?

He must immediately inform the nearest Magistrate and take his orders regarding its custody.

Penalty

What is the normal punishment of violating the provisions of section 3 or 4?

For the first conviction the punishment is imprisonment upto 2 years and fine upto two thousand rupees. For the second subsequent conviction the imprisonment will be from six months to five years and the five will be from ten thousand rupees to one lakh rupees.

Offences by companies.

Who will be held responsible when an offence under this Act has been committed by a company?

Every person, who, at the time the offence was committed, was in-charge of the company for the conduct of the business of the company, as well as the company shall be considered to be guilty of the offence.

Can an accused person in-charge of a company be punished if he proves that the offences was committed without his knowledge or that he had exercised all due diligence to prevent the commission of that offence?

No.

Who can be punished when it is proved that an offence has been committed by a company and that it has been committed with the consent or connivance of, or due to the negligence of, any of its directors, manager, secretary or officer?

Then the director, manager, secretary or the officer of the company could be proceeded against and punished.

What is the meaning of "company" in this section?

It means any corporate body and includes a firm or any association of individuals.

What is meant by "director"?

"Director" in relation to a firm, means a partner in a firm.

What is the usual punishment given to a company for committing an offence under this Act?

A fine and not imprisonment.

What sort of punishment can be given to a person judged as guilty of an offence committed by a company?

He can be given imprisonment and fine.

Offences to be cognizable and bailable.

What is the nature of an offence committed under this Act?

It is a cognizable offence, which means the accused person can be arrested without warrant.

Is it a bailable offence?

Yes. it is a bailable offence, which means the accused person has a right to get bail from a police officer in-charge of a police station.

Prosecution of action taken in good faith.

Can a suit, prosecution or other legal proceeding be instituted against the Central Government or any State Government or any of their officers for anything done in good faith under this Act?

No.

Power to make rules.

Who is empowered to make rules to carry out the provisions of this Act?

The Central Government.

What is the procedure to make rules?

The rules framed by the Central Government have to be notified in the Official Gazette before they are implemented.

On what matters can the rules be framed?

The rules can be framed for the following matters-

  • the manner in which the seizure of advertisements or other articles shall be made;
  • the manner in which the seizure list shall be prepared and delivered to the person from whose custody any advertisement or article has been seized.

For Effective Implementation of this Act

The strength of a law consists in its implementation. Many of our laws are without teeth. They are mere show pieces. A good member of them are made just to pacify the people when they make a hue and cry about a particular problem. Once they are enacted no one is bothered about their implementation. People's participation is minimum in India due to illiteracy, ignorance and apathy of the common people. In a democratic system of government, laws cannot be implemented without the active participation and collaboration of the people.

Many of the laws enacted for the benefits of women are not implemented effectively due to the apathy and indifference of the law-enforcing agencies, such a police, bureaucrats, lawyers and judges. The situation can be changed only by awakening the conscience of the people, especially women, regarding their duty to become active partners in implementing the laws made for their benefits. Below are given some suggestions for the effective implementation of this Act.

  1. Women's organisations must be formed and registered wherever possible in view of strengthening women and to enable them to fight for their rights.
  2. initiative must be taken by women's organisations to study the laws critically, to find out their loopholes, and to suggest ways and means to amend them, and implement them effectively.
  3. Women legal researchers must interview police officers, bureaucrats, lawyers, judges and common people to get their opinions on the efficacy of the Act and the problems faced in implementing its provisions.
  4. Adequate efforts must be made by women's organisations to get the support of investigative journalists, police officials and legal activists to fight against those indulging in indecent representations of women in books, magazines and advertisements.
  5. Women-models must be persuaded not to indulge in vulgar display of their bodies for accumulating wealth. They must be warned about the legal consequence of their indecent acts.
  6. Social activists working for the welfare of women must inform the Gazetted Officers appointed by the State Government under Section 5 of this Act. They are competent to enter any place and conduct search to find evidences related to the offences committed under this Act.
  7. Women activists and women's organisation must lodge F.I.R.s on offences committed under the Act and Indian Penal Code, in police stations under whose jurisdictions objectionable matters or obscene pictures of women are found.
  8. Legal notices should be issued to publishers and editors of books, magazines, and newspapers, and advertisement agencies to stop publications of indecent pictures and photos of women.
  9. Public Interest Litigation in the form of writ of mandamus should be filed by women's organization and women activists in the High Courts or in the Supreme Court of India against government officials for not taking legal action against those violating the provisions of this Act. plugged by placing a limit on the value of the gifts.
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