INDECENT ADVERTISEMENTS PROHIBITION ACT, 1963

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THE INDECENT ADVERTISEMENTS PROHIBITION ACT, 
1963 
(XII of 1963) 
CONTENTS 
1. Short title, extent and commencement 
2. Definitions 
3. Prohibition against p erson advertising, displaying, etc., indecent 
advertisements 
4. Penalty 
5. Confiscation of documents, etc., containing indecent advertisements 
6. Offences by companies 
7. Complaint by a police officer 
8. Jurisdiction to try offences 
9. Officers to be deemed to be public servants 
10. Indemnity 
11. Other laws not affected 
12. Power to exempt from application of Act 
13. Power to make rules 
14. Repeals 
TEXT 
THE INDECENT ADVERTISEMENTS PROHIBITION ACT, 1963  
(XII of 1963)  
[22nd June, 1963]  
An 
Act 
to prohibit indecent advertisements 
WHEREAS it is expedient to provide for the prohibition of indecent 
advertisements; 
AND WHEREAS  the national  interest of Pakistan in relation to the 
achievement of uniformity within the meaning of clause (2) of Article 131 of the 
Constitution requires Central legislation in the matter; 
It is hereby enacted as follows:–  
1. Short title, extent and commencement .– (1) This Act may be called the 
Indecent Advertisements Prohibition Act, 1963.  
(2) It extends to the whole of Pakistan.  
(3) It shall come into force at once.  
2. Definitions.– In this Act, unless there is anything repugnant in the subject or 
context,– 
(a) “advertisement” includes any notice, circular or other document, 
displayed on any house, building or wall, or published in any 
newspaper or periodical, and any announcement made orally or by any 
means of producing or transmitting light or sound, but does not include 
trade circulars issued by manufacturers of drugs to medical 
practitioners;  
(b) “indecent” includes whatsoever may amount to any incentive to 
sensuality and excitement of impure thoughts in the mi nd of an 
ordinary man of normal temperament, and has the tendency to deprave 
and corrupt those whose minds are open to such immoral influence, 
and which is deemed to be detrimental to public morals and calculated 
to produce pernicious effect, in depraving and debauching the minds of 
persons; 
(c) “taking any part in the publication of any advertisement” includes– 
(i) the writing, typing, stamping, drawing, announcing, printing or  
transmitting of the advertisement; 
(ii) the publication of any advertisement outside Pakistan by or at 
the instance of a person residing in Pakistan;  
(d) “public place” means any place where an advertisement can be seen 
or heard by members of the public.  
3. Prohibition against person advertising, displaying, etc., indecent 
advertisements.– Subject to the provisions of this Act– 
(i) no person shall take any part in the publication of any advertisement 
which is indecent; and  
(ii) no person having the ownership, possession or control of any property 
or public place shall knowingly allow any advertisement which is 
indecent to be displayed on such property or place, or to be announced 
therefrom.  
4. Penalty.– Whoever contravenes any of the provisions of this Act shall, on 
conviction, be punishable– 
(a) in the case of a first conviction, with imprisonment which may extend to 
six months, or with fine, or with both; and 
(b) in the case of any subsequent conviction , with imprisonment which 
may extend to one year, or with fine, or with both. 
5. Confiscation of documents, etc., containing indecent advertisements .– 
Any person authorised by the 
1
[Provincial Government] in this behalf ma y, at any 
time, seize and detain any document, article or thing which such person has reason 
to believe contains any advertisement which contravenes any of the provisions of 
this Act and the  court trying such contraventi on may direct that such document 
(including all copies thereof), article or thing shall be forfeited to the Government. 
6. Offences by companies.– (1) If the person contravening any of the 
provisions of this Act is a company, every person who at the time t he 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 contravention and shall be  liable to be proceeded against and punished  
accordingly: 
Provided that nothing contained in this sub -section shall render any such 
person liable to any punishment provided in this Act if he proves that the offence was 
committed without his knowledge or that he exercised all due diligence to prevent the 
commission of such offence. 
(2) Notwithstanding anything contained in sub -section (1), where any 
offence under this Act has been committed by a company and it is proved that the 
offence was committed with the consent or connivance of, or is attributab le to any 
neglect on the part of, any director, manager, secretary or other officer of the 
company, such director, manager, secretary or other officer shall also be deemed to 
be guilty of that offence and shall be liable to be proceeded against and punished 
accordingly. 
Explanation.– For the purposes of this section– 
(a) „company‟ means any body corporate and includes a firm or other 
association of individuals, and 
                                                 
1Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) ) Article 2 & Schedule 
w.e.f 1.8.1975; and    published in Gazette of Pakistan, (Extraordinary) Part-I. 
(b) „director‟ in relation to a firm means a partner in the firm. 
7. Complaint by a police of ficer.– Without prejudice to the right of any other 
person to make a complaint of an offence under this Act, a police officer not below 
the rank of sub -inspector who receives information that such an offence has been 
committed, shall, if he is satisfied as to the truth of the information, make a complaint 
of the offence in writing to the nearest Magistrate having jurisdiction. 
8. Jurisdiction to try offences .– No court inferior to that of a Magistrate of the 
first class shall try any offence punishable under this Act.   
9. Officers to be deemed to be public servants .– Every person authorised 
under section 5 shall be deemed to be a public servant within the meaning of section 
21 of the Pakistan Penal Code (Act XLV of 1860). 
10. Indemnity.– No suit, prosecutio n or other legal proceeding shall lie against 
any person for anything which is in good faith done or intended to be done under this 
Act.  
11. Other laws not affected .– The provisions of this Act shall be in addition to, 
and not in derogation of, the provisions of any other law for the time being in force.  
12. Power to exempt from application of Act .– lf, in the opinion of the  
2
[Provincial Government] , public interest so requires, it may, by notification in the 
official Gazette, direct that the provisions o f section 3 shall not apply, or shall apply 
subject to such conditions  as may be specified in the notification, to, or in relation to, 
the advertisement of any specified drug or class of drugs. 
13. Power to make rules .– The 
3
[Provincial Government] may, by notification in 
the official Gazette, make rules for carrying out the purposes of this Act. 
14. Repeals.– The Karachi Indecent Advertisement Prohibition Act, 1951(XXXVI 
of 1951), and the Punjab Suppression of Indecent Advertisement Act , 1941(Punjab 
Act VII of 1941),are hereby repealed. 
                                                 
2Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) )  Article 2 & Schedule 
w.e.f 1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I. 
3Substituted, for “Central Government”, by the Federal Adaptation of Laws Order, 1975 (P.O. 4 of 1975) )  Article 2 & Schedule 
w.e.f 1.8.1975; and published in Gazette of Pakistan, (Extraordinary) Part-I.