Definitions

Explanation I.-A publicity material shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read or see the matter contained or embodied in it, or if it portrays, exhibits or shows a picture, drawing, painting or figure of a female human being of any age in such posture which is offensive to senses or which is likely to suggest any indecent or impure or immoral ideas in the minds of persons who are likely to read or see the matter contained or embodied in it.

Explanation II.-A publicity material shall not be deemed to be objectionable merely if it-

1. (1) expresses disapprobation or criticism of any law or of any policy or administrative action of the Government with a view to obtain its alteration or redress by lawful means; or
2. (2) criticises any social or religious practices without malicious intention and with an honest view to promote social or religious reform or social justice;
   • (g) " place open to public view " includes any private place or building, monument, statue, post, wall, fence, tree or other thing or contrivance visible to a person being in, or passing along, any public place;
   • (h) " public place " means any place (including a road, street or way, whether a thoroughfare or not and a landing place) to which the public are granted access or have a right to resort or over which they have a right to pass;
     • (i) " publicity material " means any material which is produced in India or in any country outside India for giving publicity to anything other than publicity material relating to a cinematograph film and includes
     • (i) hoarding, showcard, insert, press design and enlargement;
     • (ii) poster;
     • (iii) still photo;
     • (iv) slide;
     • (v) still for publication in newspapers and periodicals; and
     • (vi) such other material as may be prescribed.