Clause 42

in the section heading, replace “books” with “objects”;

replace subsection (1) with —“(1) Whoever —

sells, lets to hire, distributes, publicly exhibits or puts into circulation any obscene object by any means (electronic or otherwise);

makes, produces or has in his possession any obscene object for the purposes of sale, hire, distribution, public exhibition or circulation of such object by any means (electronic or otherwise);

imports, exports or conveys any obscene object —

for the purposes of sale, hire, distribution, public exhibition or circulation of such object by any means (electronic or otherwise); or

knowing or having reason to believe that such object will be sold, let to hire, distributed, publicly exhibited or put into circulation by any means (electronic or otherwise);

takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any obscene object is —

made, produced, purchased, kept, imported, exported or conveyed for the purposes of sale, hire, distribution, public exhibition or circulation of such object by any means (electronic or otherwise); or

sold, let to hire, distributed, publicly exhibited or put into circulation, by any means (electronic or otherwise);

advertises, or makes known by any means whatsoever, that any person is engaged or is ready to engage in any act which is an offence under this section, or that any obscene object can be procured from or through any person; or

offers or attempts to do any act which is an offence under this section,shall be guilty of an offence and shall on conviction be punished with imprisonment for a term which may extend to 3 months, or with fine, or with both.”;

replace subsection (1A) with —“(1A) Subject to subsection (1B)(a), a person who is guilty of an offence under subsection (1) shall, in the following cases be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both:

for an offence under subsection (1)(a) — if the person sells, lets to hire, distributes, publicly exhibits or circulates, by electronic means, the obscene object to 10 or more individuals;

for an offence under subsection (1)(b) — if the person makes, produces or has in his possession the obscene object for the purposes of sale, hire, distribution, public exhibition or circulation of such object by electronic means, to 10 or more individuals;

for an offence under subsection (1)(c)(i) — if the person imports, exports or conveys the obscene object for the purposes of sale, hire, distribution, public exhibition or circulation of such object by electronic means, to 10 or more individuals;

for an offence under subsection (1)(c)(ii) — if the person imports, exports or conveys the obscene object knowing or having reason to believe that such object will be sold, let to hire, distributed, publicly exhibited or circulated, by electronic means, to 10 or more individuals;

for an offence under subsection (1)(d)(i) — if the person takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene object is made, produced, purchased, kept, imported, exported or conveyed, for the purposes of sale, hire, distribution, public exhibition or circulation of such object by electronic means, to 10 or more individuals;

for an offence under subsection (1)(d)(ii) — if the person takes part in, or receives profits from, any business in the course of which he knows or has reason to believe that any such obscene object is sold, let to hire, distributed, publicly exhibited or put into circulation, by electronic means, to 10 or more individuals;

for an offence under subsection (1)(e) — if the person advertises, or makes known by any means whatsoever, that —

any person is engaged or is ready to engage in any act mentioned in paragraph (a), (b), (c), (d), (e) or (f) which is an offence under subsection (1)(a), (b), (c) or (d); or

any such obscene object can be procured from or through any person for the purposes of sale, hire, distribution, public exhibition or circulation, by electronic means, to 10 or more individuals;

for an offence under subsection (1)(f) — if the person offers or attempts to do any act mentioned in paragraph (a), (b), (c), (d), (e), (f) or (g) which is an offence under subsection (1)(a), (b), (c), (d) or (e).(1B) A person who is guilty of an offence under subsection (1) in the case where the obscene object mentioned in that subsection depicts an image of a person who is, or who appears to a reasonable observer to be, or is implied to be, below 18 years of age —

in the case of any offence under subsection (1)(a), (b), (c), (d), (e) or (f) for any act mentioned in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of subsection (1A) — shall be punished with imprisonment for a term which may extend to 4 years, and shall also be liable to a fine; or

in any other case — shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.(1C) Whoever, on 2 or more occasions, sells, lets to hire, distributes, publicly exhibits or puts into circulation, by electronic means, any obscene object, to a total number of 10 or more individuals, shall be guilty of an offence and on conviction —

if the obscene object depicts an image of a person who is, or who appears to a reasonable observer to be, or is implied to be, below 18 years of age — shall be punished with imprisonment for a term which may extend to 4 years, and shall also be liable to a fine; or

in any other case — shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.”;

replace subsection (2) with —“(2) For the purposes of this section and sections 292B and 293 —“object” includes data stored in a computer disc, or by other electronic means, that is capable of conversion to images, writing or any other form of representation;“obscene object” means any obscene book, pamphlet, paper, drawing, painting, representation or figure, or any other obscene object whatsoever.”;

in subsection (3), replace “this section and section 293” with “this section and sections 292B and 293”; and

in subsection (3), in the Exception, replace “This section does not” with “This section and section 292B do not”.