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The Indecent Representation of Women (Prohibition) Act, 1986
(ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented on or in—
(i) any ancient monument within the meaning of the Ancient Monument and Archaeological
Sites and Remains Act, 1958 (24 of 1958); or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious
purpose;
(c) any film in respect of which the provisions of Part II of the Cinematograph Act, 1952 (37 of
1952), will be applicable.
5. Powers to enter and search.—
(1) Subject to such rules as may be prescribed, any Gazetted Officer authorised by the State
Government may, within the local limits of the area for which he is so authorised,—
(a) enter and search at all reasonable times, with such assistance, if any, as he considers
necessary, any place in which he has reason to believe that an offence under this Act has been
or is being committed;
(b) seize any advertisement or any book, pamphlet, paper, slide, film, writing, drawing,
painting, photograph, representation or figure which he has reason to believe contravenes any
of the provisions of this Act;
(c) examine any record, register, document or any other material object found in any place
mentioned in clause (a) and seize the same if he has reason to believe that it may furnish
evidence of the commission of an offence punishable under this Act: Provided that no entry
under this subsection shall be made into a private dwelling house without a warrant: Provided
further that the power of seizure under this subsection may be exercised in respect of any
document, article or thing which contains any such advertisement, including the contents, if
any, of such document, article or thing if the advertisement cannot be separated by reason of its
being embossed or otherwise from such document, article or thing without affecting the
integrity, utility or saleable value thereof.
(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be,
apply to any search or seizure under this Act as they apply to any search or seizure made under the
authority of a warrant issued under section 94 of the said Code.
(3) Where any person seizes anything under clause (b) or clause (c) of subsection (1), he shall, as
soon as may be, inform the nearest Magistrate and take his orders as to the custody thereof.
6. Penalty.—Any person who contravenes the provisions of section 3 or section 4 shall be punishable
on first conviction with imprisonment of either description for a term which may extend to two years,
and with fine which may extend to two thousand rupees, and in the event of a second or subsequent
conviction with imprisonment for a term of not less than six months but which may extend to five
years and also with a fine not less than ten thousand rupees but which may extend to one lakh rupees.
7. Offences by companies.—
(1) Where an offence under this Act has been committed by a company, every person, who, at the
time the offence was committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing
contained in this subsection shall render any such person liable to any punishment, if he proves that
the offence was committed without his knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in subsection (1), where any offence under this Act has
been committed by a company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or
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