Section 295 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 295 of the Bharatiya Nyaya Sanhita, 2023 (BNS), part of Chapter XV – Offences Affecting Public Health, Safety, Convenience, Decency, and Morals:
📦 Section 295 – Sale, etc., of Obscene Objects to Child
⚖️ Offence Description
This section criminalizes anyone who sells, lets to hire, distributes, exhibits, or circulates any obscene object (as defined under Section 294) to a child (person under 18 years). It also covers attempts or offers to do any such act. (sudhirrao.com)
📋 Penalties
First conviction:
Imprisonment (simple or rigorous) for up to 3 years,
Fine up to ₹2,000.
Second or subsequent conviction:
Imprisonment (simple or rigorous) for up to 7 years,
Fine up to ₹5,000. (sudhirrao.com)
🧠 Key Elements
Subject: A “child” under 18 years of age.
Object: An “obscene object” per Section 294—items deemed lascivious, prurient, or corrupting in effect. (uppolice.gov.in, kanoongpt.in)
Knowledge and Intent: The act applies whether knowingly, recklessly, or even attempting to expose a child to such material.
Escalating Punishment: Stricter penalties on repeat offences emphasize greater protection for minors.
🆚 Comparison with Related Provisions
Section 294 (general sale/distribution of obscene materials): First-time penalty up to 2 years + ₹5,000 fine; repeat offences up to 5 years + ₹10,000 fine. (Section 295 imposes harsher sentences when minors are involved.)
BNS reorganizes analogous IPC provisions—Section 295 aligns with IPC’s Section 293 (obscene objects to children), reinforcing the state’s strong stance on protecting minors.
📝 Example Scenario
A vendor repeatedly sells graphic magazines to a 16-year-old customer. On the first offence, they could face up to 3 years of imprisonment and ₹2,000 fine; if caught again, they could face up to 7 years and ₹5,000.
🛡️ Broader Context
Section 295 is part of a suite of morality and decency laws in Chapter XV, designed to shield children and communities from exposure to harmful or corrupting materials.
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