Section 295 BNS: Sale, Distribution or Exhibition of Obscene Objects to a Child

Section 295 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes specified dealings in obscene objects referred to in Section 294 when they are directed to a child. It covers sale, hire, distribution, exhibition and circulation, and also expressly covers offers and attempts to do those acts. The BNS came into force on 1 July 2024.

Section 295 BNS - Statutory Provision

295. Sale, etc., of obscene objects to child.

Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees.

Meaning of Section 295 BNS

Section 295 is a child-specific obscenity offence. The provision does not create a separate definition of an obscene object. Instead, it incorporates by reference the obscene objects described in Section 294 BNS.

In simple terms: if a person sells, hires out, distributes, exhibits or circulates an obscene object covered by Section 294 to a child, or offers or attempts to do so, Section 295 may apply.

Essential Ingredients of an Offence Under Section 295 BNS

The prosecution would ordinarily need to establish the following statutory elements:

The material or object involved is an obscene object referred to in Section 294 BNS.
The recipient or intended recipient is a child.
The accused sold, let to hire, distributed, exhibited or circulated the object to the child, or offered or attempted to do so.
The facts and evidence satisfy the applicable requirements of criminal liability under the BNS and procedural law under the BNSS.

Important: Section 295 must be read together with Section 294 because Section 295 expressly refers to "any such obscene object as is referred to in section 294."

Punishment Under Section 295 BNS

First conviction	Imprisonment of either description for a term which may extend to three years, and fine which may extend to Rs. 2,000.
Second or subsequent conviction	Imprisonment of either description for a term which may extend to seven years, and fine which may extend to Rs. 5,000.

The statutory language provides for imprisonment and fine on first conviction, and a higher maximum term of imprisonment and fine for a second or subsequent conviction.

Nature and Classification of the Offence

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an offence under Section 295 BNS is classified as cognizable and bailable and is triable by any Magistrate.

Cognizable	Yes.
Bailable	Yes.
Triable by	Any Magistrate.

Relationship Between Section 295 and Section 294 BNS

Section 294 BNS - Obscene books, objects and electronic content

Section 294 defines when specified material is deemed obscene for the purposes of that section and regulates specified acts concerning obscene books, writings, drawings, representations, figures and other objects. It expressly includes display of content in electronic form.

Because Section 295 refers directly to an obscene object "as is referred to in section 294," the nature of the material must be assessed with reference to Section 294.

Read Section 294 BNS - Sale, etc., of obscene books, etc.

Section 296 BNS - Obscene acts and songs

Section 296 is a separate provision dealing with obscene acts in a public place and obscene songs, recitations or words in or near a public place, subject to the wording of that section.

Read Section 296 BNS - Obscene acts and songs

Corresponding Provision Under the Former IPC

Section 295 BNS broadly corresponds to Section 293 of the Indian Penal Code, 1860, which dealt with sale, etc., of obscene objects to a young person. The current BNS wording uses the term "child" and refers to obscene objects covered by Section 294 BNS.

Which statutory regime applies can depend on the date and nature of the alleged conduct and the relevant repeal-and-savings provisions.

Frequently Asked Questions on Section 295 BNS

What does Section 295 BNS prohibit?

It prohibits selling, letting to hire, distributing, exhibiting or circulating to a child an obscene object referred to in Section 294, and also covers offers or attempts to do so.

What is the punishment for a first conviction under Section 295 BNS?

Imprisonment of either description up to three years and fine up to Rs. 2,000.

What is the punishment for a second or subsequent conviction?

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

Is Section 295 BNS cognizable?

Yes. The BNSS First Schedule classifies the offence as cognizable.

Is Section 295 BNS bailable?

Yes. The offence is bailable.

Which court can try an offence under Section 295 BNS?

It is triable by any Magistrate.

Does Section 295 cover an attempt?

Yes. The provision expressly covers a person who offers or attempts to commit the prohibited act.

Which provision defines the obscene object referred to in Section 295?

Section 295 expressly refers to obscene objects covered by Section 294 BNS.

Related BNS Sections

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