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Section 294 BNS: Sale, Distribution and Circulation of Obscene Books and Content

Section 294 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines when specified material is treated as obscene for this provision and punishes specified dealings in obscene books, papers, drawings, representations, objects and content displayed in electronic form. The BNS came into force on 1 July 2024.

Section 294 BNS - Statutory Provision

294. Sale, etc., of obscene books, etc.

(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.

Meaning of Obscene Material Under Section 294 BNS

For Section 294(2), material is deemed obscene where it is lascivious, appeals to the prurient interest, or where its effect, taken as a whole, tends to deprave and corrupt persons likely to read, see or hear it, having regard to all relevant circumstances.

Electronic content is expressly included. Section 294(1) specifically refers to the display of content in electronic form. The statutory wording therefore extends beyond printed books and physical objects.

The provision requires consideration of the material as a whole, while also stating that where the material comprises two or more distinct items, the effect of any one of those items may be relevant.

Acts Covered by Section 294(2) BNS

Section 294(2) covers several forms of dealing with obscene material, including:

  1. Selling, hiring, distributing, publicly exhibiting or otherwise putting obscene material into circulation.
  2. Making, producing or possessing obscene material for sale, hire, distribution, public exhibition or circulation.
  3. Importing, exporting or conveying an obscene object for the prohibited purposes, or with the required knowledge or reason to believe regarding its intended circulation.
  4. Participating in or receiving profits from a business involving such obscene objects with the knowledge or reason to believe specified in the section.
  5. Advertising or making known that a person is engaged or ready to engage in a prohibited act, or that an obscene object can be procured through a person.
  6. Offering or attempting to commit an act that is an offence under the section.

Punishment Under Section 294 BNS

First conviction Imprisonment of either description for a term which may extend to two years, and fine which may extend to Rs. 5,000.
Second or subsequent conviction Imprisonment of either description for a term which may extend to five years, and fine which may extend to Rs. 10,000.

The statutory wording uses "and with fine" for the first conviction and "and also with fine" for a second or subsequent conviction.

Exceptions to Section 294 BNS

The section contains specific exceptions. It does not extend to the following categories when the statutory conditions are satisfied:

  • Publication proved to be justified for the public good because it is in the interest of science, literature, art, learning or other objects of general concern.
  • Specified material kept or used bona fide for religious purposes.
  • Specified representations on or in an ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958.
  • Specified representations in a temple, on a car used for conveyance of idols, or kept or used for a religious purpose.

Important: The public-good exception is not automatic merely because material is described as artistic, literary, scientific or educational. The statutory wording requires that publication be proved to be justified as being for the public good on the stated grounds.

Nature and Classification of the Offence

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under Section 294(2) BNS is classified as cognizable and bailable and is triable by any Magistrate.

Cognizable Yes.
Bailable Yes.
Triable by Any Magistrate.

Frequently Asked Questions on Section 294 BNS

What does Section 294 BNS deal with?

It defines obscene material for the purposes of the section and punishes specified acts involving the sale, distribution, exhibition, circulation, production, possession, import, export, advertising, business dealings, offers and attempts concerning obscene material.

Does Section 294 BNS cover electronic content?

Yes. Section 294(1) expressly includes the display of content in electronic form.

What is the punishment for a first conviction?

Imprisonment of either description up to two years and fine up to Rs. 5,000.

What is the punishment for a second or subsequent conviction?

Imprisonment of either description up to five years and fine up to Rs. 10,000.

Is Section 294 BNS bailable?

Yes. Section 294(2) is classified as bailable in the BNSS First Schedule.

Is Section 294 BNS cognizable?

Yes. Section 294(2) is classified as cognizable.

Which court can try an offence under Section 294 BNS?

The BNSS First Schedule states that it is triable by any Magistrate.

Are artistic, literary or scientific works automatically exempt?

No. The statutory exception applies where publication is proved to be justified as being for the public good on the ground that it is in the interest of science, literature, art, learning or another object of general concern.

Related BNS Sections

This page is intended for general legal information. Statutory text, procedural requirements and the application of law should be verified from official legislation, and competent legal advice should be obtained for a specific case.