18. Redelivery to sender of postal article in course of transmission by post.—(1) The Central
Government may, by rule, provide for the redelivery to the sender, without reference to the consent of the
addressee and subject to such conditions (if any), as may be deemed fit, of any postal article in course of
transmission by post.
(2) Save as provided by any rules that may be made under sub-section (1), the sender shall not be
entitled to recall a postal article in course of transmission by post.
19. Transmission by post of anything injurious prohibited.—(1) Except as otherwise provided by
rule and subject to such conditions as may be prescribed thereby, no person shall send by post any
explosive, dangerous, filthy, noxious or deleterious substance, any sharp instrument not properly
protected, or any living creature which is either noxious or likely to injure postal articles in course of
transmission by post or any officer of the Post Office.
(2) No person shall send by post any article or thing which is likely to injure postal articles in course
of transmission by post or any officer of the Post Office.
1
[19A. Transmission by post of tickets, proposals, etc., relating to unauthorised lotteries
prohibited.—No person shall send by post,—
(a) any ticket, proposal or advertisement relating to a lottery; or
(b) any other matter descriptive of, or otherwise relating to, a lottery, which is calculated to act as
an inducement to persons to participate in that lottery.
Explanation.—In this section “lottery” does not include a lottery organised or authorised by the
Government.]
20. Transmission by post of anything indecent, etc., prohibited.—No person shall send by post—
(a) any indecent or obscene printing, painting, photograph, lithograph, engraving, book or card,
or any other indecent or obscene article, or
(b) any postal article having thereon, or on the cover thereof, any words, marks or designs of an
indecent, obscene, seditious, scurrilous, threatening or grossly offensive character.
21. Power to make rules as to transmission by post of postal articles.—2
[(1) The Central
Government may make rules as to the transmission of articles by post.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) specify articles which may not be transmitted by post;
(b) prescribe conditions on which articles may be transmitted by post;
(c) provide for the detention and disposal of articles in course of transmission by post in
contravention of rules made under clause (a) or clause (b);
(d) provide for the granting of receipts for, and the granting and obtaining of certificates of,
posting and delivery of postal articles and the sums to be paid, in addition to any other postage, for
such receipts and certificates; and
(e) regulate covers, forms, dimensions, maximum weights, and enclosures, and the use of postal
articles, other than Setters, for making communications.]
1. Ins. by Act 7 of 1958, s. 2.
2. Subs. by Act 3 of 1912, s. 2, for sub-sections (1) and (2).
10
(3) Postal articles shall be posted and delivered at such times and in such manner as the Director
General may, by order, from time to time, appoint.
22. Power to postpone dispatch or delivery of certain postal articles.—(1) Where the dispatch or
delivery from a post office of letters would be delayed by the dispatch or delivery therefrom at the same
time of book, pattern or sample packets and parcels, or any of them, such packets or parcels, or any of
them, may, subject to such rules as the Central Government may make in this behalf, be detained in the
Post Office so long as may be necessary.
(2) Where separate parcel posts are established, parcels may be forwarded and conveyed by them,
being detained, if necessary, in the Post Office for that purpose.
23. Power to deal with postal articles posted in contravention of Act.—(1) Any postal article sent
by post in contravention of any of the provisions of this Act may be detained and either returned to the
sender or forwarded to destination, in each case charged with such additional postage (if any), as the
Central Government may, by rule, direct.
(2) Any officer in charge of a post office or authorised by the Post Master General in this behalf may
open or unfasten any newspaper or any book, pattern or sample packet, in course of transmission by post,
which he suspects to have been sent by post in contravention of 1
[section 20, clause (a), or of] section 21
or of any of the provisions of this Act relating to postage.
(3) Notwithstanding anything in sub-section (1)—
(a) any postal article sent by post in contravention of the provisions of section 19 2
[or section
19A] may, under the authority of the Post Master General, if necessary, be opened and destroyed; and
3
[(b) any postal article sent by post in contravention of the provisions of section 20 may be
disposed of in such manner as the Central Government may, by rule, direct.]
24. Power to deal with postal articles containing goods contraband or liable to duty.—4
[Except
as otherwise provided in this Act, where a postal article suspected to contain any goods of which the
import by post or the transmission by post is prohibited by or under any enactment for the time being in
force,] or anything liable to duty, is received for delivery at a post office, the officer in charge of the post
office shall send a notice in writing to the addressee inviting him to attend, either in person or by agent,
within a specified time at the post office, and shall in the presence of the addressee or his agent, or if the
addressee or his agent fails to attend as aforesaid then in his absence, open and examine the postal article:
Provided, first, that, if the Director General so directs in the case of any post office or class of post
offices, the officer in charge of the post office shall call in two respectable persons as witnesses before he
opens a postal article in the absence of the addressee or his agent:
Provided, secondly, that in all cases a postal article, after being opened under this section, shall be
delivered to the addressee, unless it is required for the purpose of any further proceeding under this or any
other law or enactment for the time being in force, and that the opening of the postal article and the
circumstances connected therewith shall be immediately reported to the Post Master General.
5* * * * *
6
[24A. Power to deliver such articles to Customs authority.—The Central Government may, by
general or special order, empower any officer of the Post Office, specified in such order, to deliver postal
article, received from beyond the limits of 7
[India] and suspected to contain anything liable to duty, to
such Customs authority as may be specified in the said order, and such Customs authority shall deal with
1. Ins. by Act 3 of 1912, s. 3.
2. Ins. by Act 7 of 1958, s. 3.
3. Subs. by Act 3 of 1912, s. 3, for clause (b).
4. Subs. by s. 4, ibid., for “Where a postal article, suspected to contain any contraband goods”.
5. The proviso omitted by Act 15 of 1921, s. 2.
6. Ins. by s. 3, ibid.
7. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for “the States”.
11
such article in accordance with the provisions of the Sea Customs Act, 1878 (8 of 1878)1
, or of any other
law for the time being in force.]
25. Power to intercept notified goods during transmission by post.—Where a notification has
been published under section 19 of the Sea Customs Act, 1878 (8 of 1878), in respect of any goods of any
specified description 2
[or where the import or export into or from 3
[India] of goods of any specified
description has been prohibited or restricted by or under any other enactment for the time being in force],
any officer of the post office empowered in this behalf by the Central Government may search, or cause
search to be made, for any such goods in course of transmission by post, and shall deliver 4
[all postal
articles reasonably believed or found to contain such goods] to such officer as the Central Government
may appoint in this behalf, and such goods may be disposed of in such manner as the Central Government
may direct 5
[In carrying out any such search, such officer of the Post Office may open or unfasten, or
cause to be opened or unfastened, any newspaper or any book, pattern or sample packet in course of
transmission by post.]
26. Power to intercept postal articles for public good.—(1) On the occurrence of any public
emergency, or in the interest of the public safety or tranquility, the Central Government, or a State
Government, or any officer specially authorized in this behalf 6
[by the Central or the State Government],
may, by order in writing direct that any postal article or class or description of postal articles in course of
transmission by post shall be intercepted or detained, or 7
[shall be disposed of in such manner as the
authority issuing the order may direct].
(2) If any doubt arises as to the existence of a public emergency, or as to whether any act done under
sub-section (1) was in the interest of the public safety or tranquility, a certificate 8
[of the Central
Government or, as the case may be, of the State Government] shall be conclusive proof on the point.
27. Power to deal with postal articles from abroad bearing fictitious or previously used
stamps.—(1) Where a postal article is received by post from any place beyond the limits of 3
[India]—
(a) bearing a fictitious postage stamp, that is to say any facsimile or imitation or representation of
a postage stamp, or
(b) purporting to be prepaid with any postage stamp which has been previously used to prepay
any other postal article, the officer in charge of the post office at which the postal article is received,
shall send a notice to the addressee inviting him to attend, either in person or by agent, within a
specified time at the post office to receive delivery of the postal article.
(2) If the addressee or his agent attends at the post office within the time specified in the notice and
consents to make known to the officer-in-charge of the post office the name and address of the sender of
the postal article and to redeliver to the officer aforesaid the portion of the postal article which bears the
address and the fictitious or previously used postage stamp, or, if the postal article is inseparable from the
stamp, the entire postal article, the postal article shall be delivered to the addressee or his agent.
(3) If the addressee or his agent fails to attend at the post office within the time specified in the notice,
or, having attended within that time, refuses to make known the name and address of the sender or to
redeliver the postal article or portion thereof as required by subsection (2), the postal article shall not be
delivered to him, but shall be disposed of in such manner as the Central Government may direct.
1. See now the Customs Act, 1962.
2. Ins. by Act 2 of 1930, s. 40 and Schedule II.
3. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for “the States”.
4. Subs. by Act 3 of 1912, s. 5, for “all such goods found”.
5. Ins. by s. 5, ibid.
6. Subs. by the A.O. 1937, for “by the Governor General in Council”.
7. Subs. by Act 3 of 1912, s. 6, for “shall be delivered to the Government or to an officer thereof mentioned in the order, to be
disposed of in such manner as the Governor General in Council may direct”.
8. Subs. by A.O. 1937, for “singed by a Secretary to the G. of I. or to the L.G.”.
12
Explanation.—For the purposes of this section, the expression “postage stamp” includes any postage
stamp for denoting any rate or duty of postage of any part of 1
[India or of His Majesty’s dominions] or
foreign country 2
[and the impression of any stamping machine provided or authorised for the like purpose
to by or under the authority of the Government of such 3
[part or country]].
4
[27A. Prohibition of transmission by post of certain newspapers.—No newspaper printed and
published in 5
[India] without conforming to the rules laid down in the Press, and Registration of Books
Act, 1867 (25 of 1867), shall be transmitted by post.
27B. Power to detain newspapers and other articles being transmitted by post.—(1) Any officer
of the Post Office authorised by the Post Master General in this behalf may detain any postal article in
course of transmission by post which he suspects to contain—
(a) (i) any newspaper or book as defined in the Press and Registration of Books Act, 1867
(25 of 1867); or
(ii) any document;
containing any seditious matter, that is to say, any matter the publication of which is punishable
under section 124A of the Indian Penal Code (45 of 1860); or
(b) any newspaper as defined in the Press and Registration of Books Act, 1867 (25 of 1867),
edited, printed or published otherwise than inconformity with the rules laid down in this Act;
and shall deliver any postal article so detained to such officer as the State Government may appoint in this
behalf.
(2) Any officer detaining any postal article under the provisions of sub-section (1) shall forthwith
send by post to the addressee of such article, notice of the fact of such detention.
(3) The State Government shall cause the contents of any postal article detained under sub-section (1)
to be examined, and, if it appears to the State Government that the article contained any newspaper, book
or other document, of the nature described in clause (a) or clause (b) of sub-section (1), may pass such
orders as to the disposal of the article and its contents as it may deem proper, and, if it does not so appear,
shall release the article and it contents, unless the same be otherwise liable to seizure under any law for
the time being in force:
Provided that any person interested in any article detained under the provisions of clause (a) of
sub-section (1) may, within two months from the date of such detention, apply to the State Government
for release of the same, and the State Government shall consider such application and pass such orders
thereon as it may deem to be proper:
Provided also that, if such application is rejected, the applicant may, within two months from the date
of the order rejecting the application, apply to the High Court for release of the article and its contents on
the ground that the article did not contain any newspaper, book or other document containing any
seditious mailer.
(4) In this section “document” includes also any painting, drawing or photograph, or other visible
representation.
27C. Procedure for disposal by High Court of applications for release of newspapers and
articles so detained.—Every application made under the second proviso to sub-section (3) of section 27B
shall be heard and determined in the manner provided by sections 99D to 99F of the Code of Criminal
Procedure, 1898 (5 of 1898), by a Special Bench of the High Court constituted in the manner provided by
section 99C of that Code.
1. Subs. by the A.O. 1950, for “Her Majesty’s dominions or of any Indian State”.
2. Ins. by Act 16 of 1924, s. 3.
3. Subs. by the A.O. 1950, for “part, State or country”.
4. Ins. by Act 14 of 1922, s. 6 and the Fourth Schedule.
5. Subs. by Act 25 of 1950, s. 11 and the Fourth Schedule, for “the States”.
13
27D. Jurisdiction barred.—No order passed or action taken under section 27B shall be called in
question in any court otherwise than in accordance with the second proviso to sub-section (3) of that
section.]