Code: Section 296 BNS
Whoever, to the annoyance of others,—
(a) does any obscene act in any public place; or
(b) sings, recites or utters any obscene song, ballad or words, in or near any
public place,
shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine which may extend to one thousand rupees, or with both.
Explanation of Section 296 BNS
Section 296 of the Bharatiya Nyaya Sanhita (BNS) aims to prevent public disturbances caused by obscene acts or inappropriate songs/words. This section protects the moral fabric of society by criminalizing actions that could cause annoyance, distress, or discomfort to others in public spaces.
It applies to both physical acts and verbal expressions, ensuring that public decorum is maintained in all forms of interaction.
Illustration
Example 1: Obscene Act in a Park
A person performs an obscene gesture in a crowded park. This act disturbs other park-goers, leading to legal consequences under Section 296.
Example 2: Singing Obscene Songs at a Public Event
During a public festival, someone sings songs with vulgar lyrics that offend the audience. The performer could face punishment under this section.
Common Questions and Answers on Section 296 BNS
1. What constitutes an “obscene act” under Section 296?
- Answer: An act that is lascivious, indecent, or intended to cause annoyance or disturbance to others in a public setting.
2. Does this section apply to private spaces?
- Answer: No, Section 296 specifically applies to actions in public places or areas near public gatherings.
3. What are the penalties for violating this section?
- Answer:
- Imprisonment for up to 3 months, or
- A fine up to ₹1,000, or
- Both imprisonment and fine.
4. Can online public spaces be considered under this section?
- Answer: This section is primarily applicable to physical public spaces. However, if the act causes public annoyance through live broadcasts or public online events, it might fall under related provisions.
Conclusion
Section 296 of the Bharatiya Nyaya Sanhita (BNS) is a fundamental law aimed at maintaining public decency. By penalizing obscene acts and songs in public areas, it helps uphold societal norms and protects individuals from offensive and distressing behavior.
Whether it’s an inappropriate gesture in a park or offensive lyrics at a festival, this section ensures that public spaces remain respectful and safe for everyone.
