Young Persons (Harmful Publications) Act, 1956

Act No. 93 of 1956
28th December 1956

An Act to prevent the dissemination of certain publications harmful to young persons. BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:-

1. Short title, extent and commencement.

(1) This Act may be called the Young Persons (Harmful Publications) Act, 1956.

(2) It extends to the whole of India except the State of Jammu and Kashmir. (Note: Are the words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019) or not, isn’t confirmed. Even the government sites do not have information regarding this old Act.)

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.

In this Act,

(a) “harmful publication” means any book, magazine, Pamphlet, leaflet, newspaper or other like publication which consists of stories told with the aid of pictures or without the aid of pictures or wholly in pictures, being stories portraying wholly or mainly-

(i) the commission of offences; or
(ii) acts of violence or cruelty; or
(iii) incidents of a repulsive or horrible nature;

in such a way that the publication as a whole would tend to corrupt a young person into whose hands it might fall, whether by inciting or encouraging him to commit offences or acts of violence or cruelty or in any other manner whatsoever;

(b) “State Government” in relation to a Union territory, means the administrator thereof;

(c) “young person” means a person under the age of twenty years.

3. Penalty for sale, etc., of harmful publications.

(1) If a person-

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, any harmful publication, or
(b) for purposes of sale, hire, distribution, public exhibition or circulation, prints, makes or produces or has in his possession any harmful publication, or
(c) advertises or makes known by any means whatsoever that any harmful publication can be procured from or through any person,
he shall be punishable with imprisonment which may extend to six months, or with fine, or with both.

(2) On a conviction under this section, the court may order the destruction of all the copies of the harmful publication in respect of which the conviction was had and which are in the custody of the court or remain in the possession or power of the person convicted.

4. Power of Government to declare harmful publications forfeited.

(1) The State Government may, if it is of opinion after consultation with the principal law officer of the State, whether called the Advocate-General or by any other name, that any publication is a harmful publication, declare, by order notified in the Official Gazette, that every copy of such publication shall be forfeited to the Government and every such notification shall state the ground for the order.

(2) Without prejudice to the provisions contained in sub-section (1) of section 6, where there is an order of forfeiture under sub-section (1) in respect of any publication it shall be lawful for any police officer to seize the same wherever found in the territories to which this Act extends.

5. Appeal to High Court against order of forfeiture.

Any person aggrieved by an order of forfeiture passed by the State Government under section 4 may, within sixty days of the date of such order, apply to the High Court to set aside such order, and upon such application the High Court may pass such order as it deems fit.

6. Power to seize and destroy harmful publications.

(1) Any police officer or any other officer empowered in this behalf by the State Government may seize any harmful publication.

(2) Any Magistrate of the first class may, by warrant, authorise any police officer not below the rank of sub-inspector to enter and search any place where any stock of harmful publications may be or may be reasonably suspected to be, and such police officer may seize any publication found in such place if in his opinion it is a harmful publication.

(3) Any publication seized under sub-section (1) shall be produced, as soon as may be, before a magistrate of the first class, and any publication seized under sub-section (2) shall be produced, as soon as may be, before the court which issued the warrant.

(4) If in the opinion of the magistrate or court such publication is a harmful publication, the Magistrate or court may cause it to be destroyed, but if in the opinion of the magistrate or court, such publication is not a harmful publication, the magistrate or court shall dispose of it in the manner provided in sections 523, 524 and 525 of the Code of Criminal Procedure, 1898 (5 of 1898).

7. Offences under this Act to be cognizable.

Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898) any offence punishable under this Act shall be cognizable.

Young Persons Harmful Publications Act, 1956
WritingLaw

Media Trial is when various newspapers, magazines, television channels, social media websites interpret facts of a particular case and present them in front of the general public.

In India, we have witnessed Media Trials in many cases where before the verdict of the Indian judiciary, the media channels frame an accused in such a manner that the general public believes him to be the person guilty of such offence.

Media Trial is not prohibited in India, but it influences the views and opinions of the general public as well as judges and lawyers.

Three Famous Cases and Examples of Media Trial in India

1. In the Aarushi Talwar murder case of 2008, a 13-year-old girl was found dead in her room. The male domestic worker was also found dead the same day. This case went through Media Trial as to who killed them and how everything happened. The different media channels made various assumptions as to who was the murderer and how everything happened.

2. In the famous Jessica Lal murder case of 1999, a female bartender was gunshot dead in New Delhi after refusing to serve liquor as the bar was closed. This case also went through Media Trial, and many names were assumed to be the culprits.

3. In the widely known KM Nanavati case, a naval commander was accused of the murder of his old friend Prem Ahuja. In this case, Media Trial played a big role, and many indecent allegations were made against the wife of Nanavati. You can know about the facts of the KM Nanavati case here. The Hindi language film Rustom was made based on this case.

Media Trial in many famous cases has played roles that have destroyed the lives of many people and have affected the reputation of innocent lives.

Until the judiciary decides the matter, it would be best if the media sticks to presenting the facts instead of acting like a judicial, decision-making body.

Read Next:
1. What Is the Role of Media in Judiciary
2. What Are the Legal Steps to Change Your Name in India?

What Is Media Trial in India and Its Famous Cases?
Ankita Trivedi

Cyberstalking is when somebody stalks or harasses another person by sending obscene content, threatening, monitoring their activities or trying to communicate without consent by misusing the internet or electronic media. The stalker can stalk by email, messaging apps (WhatsApp, Telegram, iMessage) or other electronic media.

In India, to deal with cyberstalking, the following laws are available:

1. Section 67 of the Information Technology Act, 2000 punishes a stalker who sends or causes to send or publish obscene posts or content on electronic media with imprisonment for up to three years and a fine.

2. Section 67A of the Information Technology Act, 2000 punishes a person who sends or causes to send or publish any material containing sexually explicit acts or conduct in electronic media. The punishment includes imprisonment of up to five years and a fine of up to five lakhs rupees.

3. Section 354D of the Indian Penal Code, 1860 makes punishable the offence of stalking. Under this section, if a person monitors the use of the internet, email or any other form of electronic communication by a woman, then that person shall be punished with imprisonment for up to three years and a fine. This offence is bailable for first-time offenders but non-bailable for repeated offenders.

If a woman faces cyberstalking, she can file a complaint in any cybercrime unit, irrespective of where the incident took place. Cyber cells are established to provide redressal of grievances to the woman victims. These cells operate as a part of the criminal investigation department for offences related to criminal activity on the internet. If there is no cyber cell near your vicinity, the woman can also file an FIR at the local police station.

Read Next:
1. Impact of Digital Technology on Domestic Violence
2. Role of AI in Legal Education and Legal Profession
3. What Is Identity Theft and Its Laws in India?

What Are the Laws on Cyberstalking in India?
Ankita Trivedi

CYBER CRIME IS A SERIOUS ISSUE!

We live in the Age of Information where the effect of the internet is intense, particularly with the growth of social media like Facebook, Twitter, WhatsApp, Youtube and so on. These Social networking websites allow users to access information about one’s interests, opinions, real time location and other personal details which could be extremely harmful if fallen into wrong hands.

The word “stalking” has acquired a new meaning in internet parlance. Stalking means following and watching someone over an extended period in a way that is annoying or frightening. It involves harassing or threatening behaviour that an individual does repeatedly such as following a person, appearing at a person’s home or place of business, making harassing phone calls, leaving written messages on objects etc.

Cyberstalking can occur in most efficient manner since many individuals share much of their lives online via social media, which provides background information, location, personal interests, family and relationship details. The constant presence on these social sites and use of our phones, tablets, and other devices, and our 24 x 7 reachability and connectivity can provide would-be aggressors the ability to constantly message, post, or otherwise invade the mind and emotions of targets.

THE INFORMATION TECHNOLOGY ACT, 2000

Section 66A of the Information Technology Act, 2000 states that a person would be punished with imprisonment for up to 3 years with fine if he uses a computer resource or communication device to send-

1. Any information that is grossly offensive or has menacing character.

2. Any information which is false to cause annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will.

3. Any email or electronic mail message to cause annoyance or inconvenience, mislead the addressee or recipient about the origin of such messages.

After the Delhi Gang Rape case in 2012, The Indian Penal Code was amended by the Criminal Law (Amendment) Act, 2013 that added Section 354D to the IPC.
Section 353-357 of the Indian Penal Code provides stalking laws in India and lay down the punishment for committing the crime of stalking.

Extra Read (Editor)– Two years back, I read about an Indian newly wed couple who were house robbed while they were on vacation. The couple were regularly updating their pictures and other status from their ongoing vacation on Facebook. Thieves got the information from their publicly available Facebook statuses and robbed their house.

It is always advised to put vacation pictures after your vacation is over and you are home. It is also advisable to never announce beforehand on social media about your upcoming vacation location, vacation dates etc.

Cyber Crime and Punishment in India
Arushi