(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 or in the Penalty for unauthorised disfigurement by advertisements.
Punishment of abetters.
Power to remove, erase, pull down and destroy objectionable advertisements.
Central Act 2 of 1974.
[Act No.28 of 1997] 5 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. 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.
8. Notwithstanding anything contained in any law or contract to the contrary but subject to the provisions of this Act, no person shall print, publish, distribute or display or cause to be printed, published, distributed or displayed any obscene poster relating to a cinema in any public place.
Prohibiting of printing, publishing or displaying obscene posters.
Obscene Poster.
6 [Act No.28 of 1997]
9. The Government may as soon as may be after the commencement of this Act, by notification constitute an authority or authorities for the purpose of determining all questions relating to obscenity of a poster.
10. Every person who contravenes the provision of section 8 shall, on conviction, be punishable with imprisonment which may extend to six months or with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees or with both.