Code: Section 294 BNS
(1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing,
painting, representation, figure or any other object, including display of any content in
electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient
interest or if its effect, or (where it comprises two or more distinct items) the effect of any one
of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are
likely, having regard to all relevant circumstances, to read, see or hear the matter contained or
embodied in it.
(2) Whoever—
(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into
circulation, or for purposes of sale, hire, distribution, public exhibition or circulation,
makes, produces or has in his possession any obscene book, pamphlet, paper, drawing,
painting, representation or figure or any other obscene object whatsoever in whatever
manner; or
(b) imports, exports or conveys any obscene object for any of the purposes
aforesaid, or knowing or having reason to believe that such object will be sold, let to
hire, distributed or publicly exhibited or in any manner put into circulation; or
(c) takes part in or receives profits from any business in the course of which he
knows or has reason to believe that any such obscene objects are, for any of the
purposes aforesaid, made produced, purchased, kept, imported, exported, conveyed,
publicly exhibited or in any manner put into circulation; or
(d) advertises or makes known by any means whatsoever that any person is
engaged or is ready to engage in any act which is an offence under this section, or that
any such obscene object can be procured from or through any person; or
(e) offers or attempts to do any act which is an offence under this section,
shall be punished on first conviction with imprisonment of either description for a term which
may extend to two years, and with fine which may extend to five thousand rupees, and, in the
event of a second or subsequent conviction, with imprisonment of either description for a
term which may extend to five years, and also with fine which may extend to ten thousand
rupees.
Exception.—This section does not extend to—
(a) any book, pamphlet, paper, writing, drawing, painting, representation or
figure—
(i) the publication of which is proved to be justified as being for the public
good on the ground that such book, pamphlet, paper, writing, drawing, painting,
representation or figure is in the interest of science, literature, art or learning or
other objects of general concern; or
(ii) which is kept or used bona fide for religious purposes;
(b) any representation sculptured, engraved, painted or otherwise represented
on or in—
(i) any ancient monument within the meaning of the Ancient Monuments
and Archaeological Sites and Remains Act, 1958; or
(ii) any temple, or on any car used for the conveyance of idols, or kept or
used for any religious purpose.
Explanation of Section 294 BNS
Section 294 of the Bharatiya Nyaya Sanhita (BNS) aims to regulate the sale, distribution, and circulation of obscene material. It defines what qualifies as “obscene” and outlines strict penalties for individuals involved in the creation, distribution, or advertisement of such materials.
The law considers materials obscene if they are lascivious, appeal to prurient interest, or have the potential to deprave and corrupt individuals who are likely to come across them. This includes both physical and electronic content.
However, the section also provides exceptions for content deemed to have legitimate purposes, such as in art, science, religion, or historical contexts.
Illustration
Example 1: Distribution of Obscene Content
A person sells obscene magazines at a local shop. Despite multiple warnings from authorities, he continues the business. Under Section 294, he can be punished with up to two years of imprisonment, a fine of up to ₹5,000, or both. If convicted again, the penalty increases to five years of imprisonment and a fine of up to ₹10,000.
Example 2: Legitimate Religious Display
An ancient temple has religious sculptures that might be considered provocative but are part of religious rituals. This is an exception under Section 294, and no offense is committed if these are maintained for religious purposes.
Common Questions and Answers on Section 294 BNS
1. What qualifies as “obscene” under Section 294?
- Answer: Obscene materials are those that are lascivious, appeal to prurient interests, or have the potential to deprive and corrupt individuals.
2. Does this section apply to digital content?
- Answer: Yes, it includes any content displayed in electronic form.
3. What are the penalties for violating Section 294?
- Answer: First conviction: Up to 2 years of imprisonment and a fine of ₹5,000. Second conviction: Up to 5 years of imprisonment and a fine of ₹10,000.
4. Are there any exceptions to this law?
- Answer: Yes, materials used for scientific, literary, artistic, or religious purposes are exempt if used bona fide.
Conclusion
Section 294 of the Bharatiya Nyaya Sanhita (BNS) balances the need to protect public morality with respect for legitimate artistic, religious, and academic expression. The law seeks to curb the circulation of materials that can harm public decency while allowing exceptions for content of public or cultural importance.
