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Section 296 BNS: Obscene Acts and Songs in or Near a Public Place

Section 296 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes specified obscene conduct that causes annoyance to others. It covers an obscene act in a public place and singing, reciting or uttering an obscene song, ballad or words in or near a public place. The BNS came into force on 1 July 2024.

Section 296 BNS - Statutory Provision

296. Obscene acts and songs.

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.

Meaning of Section 296 BNS

Section 296 is directed at obscene conduct connected with a public place and causing annoyance to others. The wording contains two distinct categories: obscene acts done in a public place, and obscene songs, ballads or words sung, recited or uttered in or near a public place.

Key statutory requirement: the opening words "to the annoyance of others" are part of Section 296. Accordingly, annoyance to others is an express element of the provision and should not be omitted when examining whether the section applies.

Essential Ingredients of an Offence Under Section 296 BNS

Depending on the clause invoked, the prosecution would ordinarily need to establish the following statutory elements:

For an obscene act under clause (a)

  1. There was an act alleged to be obscene.
  2. The act occurred in a public place.
  3. The conduct was to the annoyance of others.

For an obscene song, ballad or words under clause (b)

  1. The accused sang, recited or uttered an obscene song, ballad or words.
  2. The conduct occurred in or near a public place.
  3. The conduct was to the annoyance of others.

Important: The statutory text does not make every allegedly offensive or indecent expression an offence under Section 296. The prosecution must establish the ingredients appearing in the section, including the public-place connection and annoyance to others.

Punishment Under Section 296 BNS

Imprisonment Imprisonment of either description for a term which may extend to three months.
Fine Fine which may extend to Rs. 1,000.
Both The court may impose both imprisonment and fine, subject to the statutory provision and facts of the case.

Nature and Classification of the Offence

Under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the offence under Section 296 BNS is classified as cognizable and bailable and is triable by any Magistrate.

Cognizable Yes.
Bailable Yes.
Triable by Any Magistrate.

Corresponding Provision Under the Former IPC

Section 296 BNS broadly corresponds to Section 294 of the Indian Penal Code, 1860, which also dealt with obscene acts and songs in public places. The BNS retains the basic structure of the offence and prescribes a maximum fine of Rs. 1,000.

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 296 BNS

What does Section 296 BNS punish?

It punishes an obscene act in a public place, or singing, reciting or uttering an obscene song, ballad or words in or near a public place, where the conduct is to the annoyance of others.

Is annoyance to others necessary under Section 296?

Yes. The section begins with the words "Whoever, to the annoyance of others," making annoyance to others an express part of the statutory wording.

What is the punishment under Section 296 BNS?

Imprisonment of either description up to three months, or fine up to Rs. 1,000, or both.

Is Section 296 BNS cognizable?

Yes. The BNSS First Schedule classifies it as cognizable.

Is Section 296 BNS bailable?

Yes. It is bailable.

Which court can try an offence under Section 296 BNS?

It is triable by any Magistrate.

Must the obscene act occur in a public place?

Under clause (a), the obscene act must be in a public place. Under clause (b), the obscene song, ballad or words must be sung, recited or uttered in or near a public place.

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.