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Section 4: Penalty for unauthorised disfigurement by advertisements

The Andhra Pradesh Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable Posters and Advertisements Act,…State Act of Andhra Pradesh · Act 28 of 1997

Whoever affixes to, or inscribes or exhibits on any place open to public view any advertisement without the written consent of the owner or occupier or person in management of the property in which such place is situated shall be punished with imprisonment of either description for a term which may extend to three months or with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees, or with both.

5. Punishment of abetters - Whoever in any manner whatsoever causes, procures, counsels, aids, abets or is accessary to, the Commission of any offence under section 3 or section 4 shall be punished with the punishment provided for the offence.

6. Power to remove, erase, pull down and destroy objectionable advertisements - (1) Any police officer not below the rank of a Sub-Inspector or any other officer empowered in this behalf by the Government may remove, erase, or otherwise pull down any objectionable advertisement.

(2) Any advertisement removed or pulled down under sub-section (1) or a photograph of any advertisement erased under that sub-section shall be produced before a Magistrate of the First Class and if, in the opinion of the Magistrate, such advertisement is an objectionable advertisement, the Magistrate may cause the advertisement or the photograph thereof to be destroyed after giving an opportunity of hearing to the advertiser wherever he is known and where he is not known after recording that fact, but if in the opinion of the Magistrate such advertisement is not an objectionable advertisement the Magistrate shall dispose it of in the manner provided in sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) or in the case of an advertisement which is erased make an order that it shall be restored at the cost of the Government.

CHAPTER - III PROHIBITION OF OBSCENE POSTERS ETC

7. Obscene Poster -A poster shall be deemed to be ‘obscene’ if,-

(a) its effect is to tend to debase and corrupt persons who are likely, having regard to all relevant circumstances, to read or see the matter contained or embodied in it;

(b) it holds out or recommends to the public anything to be used as, or suggestive of, a sexual stimulant;

(c) it undermines the accepted cannons of decency or encourages vicious or immoral acts;

(d) it lowers the sacredness of the institution of marriage or depicts scenes of rape, criminal assault on women or other immoralities;

(e) it exhibits the human form in a state of nudity or indecorous or sensual posture; or

(f) it encourages lasciviousness or arouses impure and lecherous thoughts.

Where this provision sits

ActThe Andhra Pradesh Prevention of Disfigurement of Open Places and Prohibition of Obscene and Objectionable Posters and Advertisements Act, 1997.
Section4
Marginal notePenalty for unauthorised disfigurement by advertisements
JurisdictionState of Andhra Pradesh
StatusIn force as published by the source

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