Section 294 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed breakdown of Section 294 of the Bharatiya Nyāya Sanhitā (BNS), 2023, part of Chapter XV – Offences affecting Public Health, Safety, Convenience, Decency, and Morals:
📚 Section 294 – Sale, etc., of Obscene Books, Acts & Songs
📝 Statutory Text (Summarized):
Whoever sells, lets to hire, distributes, exhibits, or circulates any obscene object—including books, acts, songs, writings, representations, or any other content—knowing it to be obscene or being likely aware, shall be punished with:
Up to 2 years’ imprisonment, and/or
Fine up to ₹5,000. (kanoongpt.in)
⚖️ Key Aspects
Material Covered:
Explicit or lascivious content intended to appeal to prurient interests—this includes printed, digital, visual, audio, or performative mediums.
(drishtijudiciary.com)
Fault Requirement:
The act must be knowing or reckless—i.e., done despite awareness or likelihood that the material is obscene.
Penalty:
Up to 2 years in prison (simple or rigorous),
And/or a fine up to ₹5,000.
📌 Practical Context
Applicability:
Impacts booksellers, theatre producers, galleries, online platforms, and content distributors.
Covers both physical and digital formats, including streaming or digital uploads.
Purpose:
Safeguards public decency and morality.
Aligns with IPC’s §292 but updates for modern content norms and expands scope.
(drishtijudiciary.com, en.wikipedia.org)
✅ Summary Table
| Element | Detail |
|---|---|
| Offence | Selling/distributing obscene content |
| Fault | Knowing or reckless misconduct |
| Penalty | ≤2 years jail, fine ≤₹5,000 |
| Scope | Includes physical and digital media |
💡 Related Offences
Section 295 BNS prohibits obscene acts or songs performed in public, with similar punishment.
Section 295A or Section 295B may cover targeted or aggravated circumstances.
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