BNS Section 296: Obscene Acts And Songs
Section 296 falls under Chapter 15 of the Bharatiya Nyay 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 296 specifically deals with obscenity. Let us take a closer look at its provisions.
Definition of BNS Section 296
Section 296 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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 and Illustration of BNS Section 296
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of obscene actions in public places. Let us break down the section to get a better understanding of it.
Offence
This section covers two kinds of actions:.
The above two actions shall be considered an offence under the provisions of this section if their performance or the intent of their performance is found to be obscene. The scope of this section is very broad as it does not specifically define the term ‘obscene’. This means that any action or song can be considered obscene under the discretion of the court as long as it meets two conditions:.
If an act or a song is performed in a public place to the annoyance of someone, and the court finds such act or song obscene, then it can prosecute such person under the provisions of this section..
Punishment.
Any person found guilty of performing an obscene act or song in a public place shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both..
The above actions may not be an offence under this section if:.
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..
Illustration.
Z sings songs with lyrics having sexual implications loudly at a bus stand. Z is an offender under the provisions of this section.
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 296
This section deals with:
Obscene acts and songs.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 296 of BNS and its equivalent IPC section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 296 of BNS replaces Section 294 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 |
|---|---|---|---|
| 296 | Obscene acts and songs. | 294 | Fine has been defined as up to one thousand rupees. |
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FAQs about Section 296 of the Bharatiya Nyay Sanhita (BNS)
Is 296 BNS compoundable?
No. Section 296 is not a compoundable offence.
Is 296 a BNS bailable or non bailable?
Section 296 is a bailable offence.
How does BNS 296 ensure public decency?
By penalising anyone behaving in an obsecene manner in a public place, Section 296 ensures maitenance of public decency.
Can event organizers face penalties under BNS 296?
Yes. If the event organnisers a responsible for the performance of an obscene acts at a public event, they are culpable under the provisions of Section 296.
Can performers claim artistic freedom as a defense under BNS 296?
Yes. However, the burden of proof, to prove that their art is not, in fact, vulgar or obscene, falls upon them. If they cannot prove so, then they can be prosecuted under the provisions of Section 293.
Can repeat violations of BNS 296 result in harsher penalties?
No. There is no separate provision for repeat violations under Section 296. However, such repeat violations may be punishable under other sections of the BNS.
