Section 86: Dealing in obscene matter

86. Dealing in obscene matter (1) Any person who— (a) for the purposes of, or by way of, trade or for distribution or public exhibition, makes or produces or has in his possession any obscene matter; [Issue 2] C58– 10 Revised Laws of Mauritius (b) for a purpose specified in paragraph (a), imports, conveys, or exports or causes to be imported, conveyed or exported any obscene matter or in any manner puts into circulation any obscene matter; (c) carries on or takes part in a business, whether public or private, concerned with any obscene matter or deals in any obscene matter in any manner, or publicly distributes or exhibits or makes a business of lending any obscene matter; or (d) advertises or makes known by any means that a person is engaged in any of the acts specified in paragraphs (a) to (c), or advertises or makes known how or from whom the obscene matter can be procured either directly or indirectly, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding one year and the obscene matter forming the subject matter of the offence shall be forfeited. (2) (a) Any person who sells, lends, hires or distributes to a minor or exposes or allows to be exposed to the view of a minor any obscene matter shall commit an offence and, notwithstanding section 152 of the Criminal Procedure Act, shall, on conviction, be liable to imprisonment for a term not exceeding 4 years together with a fine not exceeding 100,000 rupees. (b) Part X of the Criminal Procedure Act and the Probation of Offenders Act shall not apply to a person liable to be sentenced under paragraph (a). (3) In this section, “obscene matter” means any obscene writing, drawing, print, painting, printed matter, picture, poster, emblem, photograph, cinematograph film, video tape, slide, data stored on a computer disc or by any other electronic means capable of conversion into a photograph, or any other obscene object. (4) In addition to making an order that the obscene matter forming part of the subject matter of the offence be forfeited, the Court shall, where appropriate, order that the obscene matter be no longer stored on and made available through the computer system, or that the material be deleted. [S. 86 amended by Act 10 of 1985; Act 29 of 1990; Act 14 of 1998; Act 5 of 1999; s. 22 (3) of Act 22 of 2003 w.e.f. 9 August 2003; ss. 4 and 8 of Act 36 of 2008 w.e.f.