Penal Code · s 293B

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293B.
Taking, distribution, showing, advertisement and access of indecent photograph of child
(1) Whoever -
(a) takes or permits to be taken or abets the taking of any indecent or obscene photograph or pseudo-photograph of a child;
(b) distributes or shows such indecent or obscene photographs or pseudo-photographs;
(c) has in his possession such indecent or obscene photographs with a view to their being distributed or shown by himself to others;
(4 published or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or show such indecent photographs or pseudo-photographs, or intends to do so: or
(e) accesses any indecent or obscene photograph or pseudo-photograph of a child, shall be punished with imprisonment for a term not exceeding 10 years, fine or both.
(2) In this section, a person is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.
(3) For the purposes of subsection (l)(e), a person accesses an indecent or obscene photograph or pseudo-photograph of a child if he knowingly causes the indecent or obscene photograph or pseudo-photograph to be viewed by, or transmitted to, himself.
(4) Where a person is charged with an offence under subsection (l)(b) or (c), it shall be a defence for him to prove that -
(a) he had a legitimate reason for distributing or showing the photographs or pseudo-photographs or having them in his possession; or

Penal Code
CAP. 22 125
(b) he had not himself seen the photographs or pseudo-photographs and did not know, nor had any cause to suspect, them to be indecent.
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Interpretation of sections 293A and 293B

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s 293BTaking, distribution, showing, advertisement and access of indecent photograph of child

(1)

Whoever -

(a)

takes or permits to be taken or abets the taking of any indecent or obscene photograph or pseudo-photograph of a child;

(b)

distributes or shows such indecent or obscene photographs or pseudo-photographs;

(c)

has in his possession such indecent or obscene photographs with a view to their being distributed or shown by himself to others;

(4 published or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or show such indecent photographs or pseudo-photographs, or intends to do so: or

(e)

accesses any indecent or obscene photograph or pseudo-photograph of a child, shall be punished with imprisonment for a term not exceeding 10 years, fine or both.

(2)

In this section, a person is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.

(3)

For the purposes of subsection (l)(e), a person accesses an indecent or obscene photograph or pseudo-photograph of a child if he knowingly causes the indecent or obscene photograph or pseudo-photograph to be viewed by, or transmitted to, himself.

(4)

Where a person is charged with an offence under subsection (l)(b) or (c), it shall be a defence for him to prove that -

(a)

he had a legitimate reason for distributing or showing the photographs or pseudo-photographs or having them in his possession; or

(b)

he had not himself seen the photographs or pseudo-photographs and did not know, nor had any cause to suspect, them to be indecent.

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Interpretation of sections 293A and 293B