BNS Section 294: Sale Of Obscene Books Or Materials

Section 294 falls under Chapter 15 of the Bharatiya Nyaya Sanhita (BNS). Chapter 15 covers offences affecting the public health, safety, convenience, decency and morals. Each section under this chapter deals with different offences related to matters of public health, safety and decency. Section 294 specifically deals with obscenity. Let us take a closer look at its provisions.

Definition of BNS Section 294

Section 294 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

(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—

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;

which is kept or used bona fide for religious purposes;

(b) any representation sculptured, engraved, painted or otherwise represented on or in—

any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and RemainsAct, 1958; or

any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

Explanation and Illustration of BNS Section 294

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of sale of obscene items. Let us break down the section to get a better understanding of it.

Offence

This section deals primarily with sale of obscene books and similar items. It has been divided into several subsections and clauses for more specificity in describing the offence. Let us break down these subsections one by one.

Subsection (1) This subsection first lists all the types of items covered under the provisions of this section. They are:

Book

Pamphlet

Paper

Writing

Drawing

Painting

Representation

Figure / Sculpture

In short, it covers all items with any kind of visual content which could be expressed through any form or medium, including any content in electronic form.

It then states that the above items shall be considered obscene for the purposes of this section if they are:

Lascivious - Referring to items aimed at arousing sexual desires in their consumers

Prurient - Referring to items encouraging participation in sexual activities

Deprave and Corrupt - Referring to items that endorse matters that are considered against the basic morality of the society.

If any of the items mentioned above have the tendency to have the above effects on persons who are likely to read, see or hear the matter contained or embodied in it in them shall be considered as obscene items.

Subsection (2) outlines the various activities that are prohibited as far as the obscene items, described above, are concerned. It prohibits the above items from the following activities

Composition

Production

Sales

Lease

Distribution

Public Exhibition

Circulation in any manner

Possession

Import or export for the above purposes

Used in any manner to make a profit

Any person found guilty of the activities described above shall be considered an offender under the provisions of this section.

Punishment

Any person found to be conducting any business involving obscene items shall be punished as follows:

First time offenders will be punished with imprisonment for a term which may extend to two years, and with fine which may extend to five thousand rupees

Second or subsequent offences will be punished with imprisonment for a term which may extend to five years, and also with fine which may extend to ten thousand rupees.

The above actions may not be an offence under this section if:

The offender is forced or coerced into performing the act/li>

The offender is a minor or not of sane mind.

If the offender can justify the creation of such item 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;

If the offender can prove that such publication was made for, bona fide, religious purposes;

If the item in question is an ancient monument as defined by the Ancient Monuments and Archaeological Sites and Remains Act, 1958;

However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.

Disclaimer:
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.

Key Points of BNS 294

This section deals with: Sale, etc., of obscene books, etc.

Description of offence:

Any person found guilty of distributing any obscene content in the manner as detailed under this section shall be considered an offender under the law.

Punishment for offence:

Any person found guilty under this section shall be punished with imprisonment and fine. First time offenders will be punished with imprisonment for a term which may extend to two years, and with fine which may extend to five thousand rupees. Second or subsequent offences will be punished with imprisonment for a term which may extend to five years, and also with fine which may extend to ten thousand rupees.

Exceptions to offence:

The offender has been coerced into committing the offence

The person is a minor or not of sane mind

Differences Between Section 294 of BNS and its equivalent IPC section

The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 294 of BNS replaces Section 292 of the IPC. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.

BNS Sections/Subsections	Subject	IPC Sections	Summary of Comparison
294	Sale, etc., of obscene books, etc.	292	The fine is increased from two thousand to five thousand rupees and from five thousand to ten thousand rupees on subsequent conviction.

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FAQs about Section 294 of the Bharatiya Nyaya Sanhita (BNS)

What is considered obscene under BNS Section 294?

Any type of content that is considered lascivious or intended to appeal to the prurient interest of its consumers and as such tends to deprave and corrupt such persons shall be considered obscene under Section 294.

Are there any exceptions under this BNS Section 294?

Yes. If the publisher of such content can prove that the content is indeed not lascivious as perceived and has been published purely in the interest of science, literature, art, religion or archeology shall be exempted from the definition of obscene content under this section.

Does BNS 294 apply to online content?

Yes. Section 294 applies to all content available for public consumption.

Does BNS 294 apply to artworks or literature?

No. Section 294 does not apply to works published in the interest of art and literature.

What are the responsibilities of publishers to avoid violating BNS 294?

A publisher must ensure that no content is published merely with the intent of arousing the prurient interest of the consumer.

Can educational institutions face penalties under BNS 294?

Yes. If the content found published by these institutions is found to do disservice to the pursuit of education or that lascivious content is being published in the name of educational material, it can face penalties under this section.