IPC 292 to BNS 294: Sale, etc., of obscene books, etc.
Section 292 IPC (1860) replaced by Section 294 BNS (2023)
IPC 292 to BNS 294 at a Glance
Section 292 IPC (Sale, etc., of obscene books, etc) is now Section 294 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.
What Changed From IPC 292 to BNS 294?
Section 292 IPC corresponds to Section 294 BNS. Section 294 BNS adds display of any content in electronic form to the definition of obscene objects in sub-section 1, and adds in whatever manner to clause a of sub-section 2. The imprisonment terms are unchanged, but the maximum fine increases from two thousand rupees to five thousand rupees on a first conviction, and from five thousand rupees to ten thousand rupees on a second or subsequent conviction.
IPC 292 vs BNS 294: Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 292 | 294 |
| Offence | Sale, etc., of obscene books, etc. | Same |
| Punishment | On first conviction, imprisonment of either description for a term which may extend to two years. On a second or subsequent conviction, imprisonment of either description for a term which may extend to five years. | On first conviction, imprisonment of either description for a term up to two years. On a second or subsequent conviction, imprisonment of either description for a term up to five years. |
| Fine | On first conviction, fine which may extend to two thousand rupees. On a second or subsequent conviction, fine which may extend to five thousand rupees. Fine is imposed together with imprisonment, not as an alternative. | Mandatory fine in addition to imprisonment: up to five thousand rupees on first conviction, and up to ten thousand rupees on a second or subsequent conviction. |
| Bail | Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 292 and BNS 294: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 292, IPC 1860
292. 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, 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, 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 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 five years, and also with fine which may extend to five 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 (24 of 1958), or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.
BNS 2023 (in force)
Section 294, BNS 2023
(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 (24 of 1958); or
(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.
Ingredients: IPC 292 vs BNS 294
Under IPC 292
- An object being a book, pamphlet, paper, writing, drawing, painting, representation, figure or other object that is deemed obscene because it is lascivious, appeals to the prurient interest, or tends to deprave and corrupt persons likely to read, see or hear it
- Selling, letting to hire, distributing, publicly exhibiting, putting into circulation, producing, possessing for circulation, importing, exporting, conveying or advertising that obscene object, taking part in or receiving profits from a business in which such objects are dealt with, or offering or attempting to do any such act
Under BNS 294
- Dealing in an obscene object by selling, distributing, publicly exhibiting, circulating, producing, importing, exporting, conveying, or advertising it, including display of content in electronic form
- The object being lascivious, appealing to the prurient interest, or tending to deprave and corrupt persons likely to read, see or hear it
What IPC 292 to BNS 294 Means for Pending Cases
For Section 292 IPC (now Section 294 BNS): the substantive framework and mandatory imposition of both imprisonment and fine are retained, but Section 294 BNS extends coverage explicitly to electronic display and raises the maximum fine limits for both first and subsequent convictions.
FAQs: IPC 292 to BNS 294
What changed when Section 292 IPC became Section 294 BNS?▼
Section 294 BNS expressly adds display of any content in electronic form to the definition of obscene objects and adds in whatever manner to clause a. The imprisonment terms remain up to two years on first conviction and five years on subsequent conviction, but the maximum fines increase from two thousand to five thousand rupees on first conviction and from five thousand to ten thousand rupees on repeat conviction.
Where does Section 292 IPC sit in the BNS?▼
In Section 294 BNS, in Chapter XV, Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals.
Does Section 292 IPC or Section 294 BNS apply to an act done before 1 July 2024?▼
Section 292 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 292 IPC. Section 294 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·