Law

what the law says?

For Publishing / Hosting / Dealing / Public Exhibition / Hiring / distributing of indecent materials.

  • 5 years in jail
  • Confiscation of all indecent materials DVD’s, Tapes etc…
  • Mobile Phones
  • Computer
  • Any equipment used in the activity
  • 8 years in jail if due to unauthorised access to computer

indcent material

According to section 152(1) (h) of the Penal Code as amended by Act No. 15 of 1996: “A person who publishes an indecent material is guilty of an offence and liable to imprisonment for five years”. One can publish by transmitting the data stored automatically. “Indecent material” means any indecent or obscene photograph.

A court may make an order for the destruction of any indecent material whether based on a conviction or not. Further the owner of any premises on which any indecent material is found or the person in whose possession any indecent material is found shall be presumed, until the contrary is proved, to be dealing in or carrying on or taking part in a business connected with indecent material. Dealing in indecent material or carrying on or taking part in any business concerned with the distribution to the public or public exhibition or circulation of any indecent material is an offence which attracts a punishment of five years jail term.

According to section 152(1) (g) “A person who publicly exhibits or appears in a public exhibition of any indecent entertainment or presentation tending to corrupt morals or assists in any capacity with such public exhibition is guilty of an offence and liable to imprisonment for five years”.

“Publicly” when applied to acts done means either (a) that they are so done in any public place as to seen by any person whether such person be or be not in a public place; or (b) that they are so done in any place not being a public place as to be likely to be seen by any person in a public place.

obscene material

According to section 172 (1)(a) of the Penal Code: “Any person who for the purpose of distribution has in his possession any obscene pictures or photographs tending to corrupt morals is guilty of a misdemeanour and is liable to imprisonment for 2 years or to a fine of Rs. 1,000.”

According to section 172(1)(b) of the Penal Code: “Any person who for the purpose of distribution in any manner whatsoever puts any obscene pictures or photographs tending to corrupt morals in circulation is guilty of a misdemeanour and is liable to imprisonment for 2 years or to a fine of Rs. 1,000.”

A court may take an order for the destruction of any obscene matter whether based on a conviction or not. The judge or any magistrate on being satisfied upon written information on oath and after any further inquiry which he may think necessary, that any premises are used for deposit, distribution or circulation of any obscene matter may by warrant authorize any person to enter the premises by the use of such force as may be necessary by night or by day and seize any articles reasonably supposed to have been used or intended to be used for the purpose of distribution or circulation of the obscene matters. A court, on convicting any person of an offence against this section, may order to be destroyed any matter or thing made, possessed or used for the purpose of such offence. Thus a computer or mobile phone for circulation of obscene matter or a computer or mobile phone in which obscene matter is stored is liable to be forfeited or destroyed.

If any of the obscene matters are found in such place or in the possession of any person it shall be presumed until the contrary is proved that the owner or occupier of the premises and the person with whom such obscene matters are found shall have carried or taken part in any business in relation to obscene matters. Carrying on or taking part in any business whether public or private, concerned with obscene matters is an offence which can make the offender liable to a punishment of 2 years imprisonment or to a fine of Rs. 1,000.

opinion

The words “indecent” and “obscene” have not been defined in the Penal Code. “Indecent” is often considered as synonymous with the word “obscene”. It is something which is considered as offensive to common modesty which is unbecoming or offending against an accepted standard of morals. Its meaning can be restricted to something filthy, gross, disgusting, repellent and tending to deprave or corrupt. Section 152(1)(g) which makes public exhibition of an indecent entertainment to corrupt morals an offence appears to base it self on this restricted definition for it makes specific reference to ‘tending to corrupt morals’. The meaning to be attributed to the words “indecent” in the context of pubic exhibition under section 152 (1) (g) would depend on the accepted standard of morals of a given society. It is an objective and not a subjective test that should be applied. In setting the standards the age of the offenders the manner in which the offence was committed, the place where the alleged offence take place, the circumstances under which it was committed, the frequency of such occurrences would have a bearing.