Section 294 BNS: Sale, etc., of obscene books, etc

Bare Act Text

(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.

Explained in Simple Words

Key Ingredients

• 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

Punishment

🔒 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.

💰 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.

Under Section 294 BNS, the offence carries mandatory imprisonment and fine. On first conviction, it is punishable with imprisonment of either description up to two years and fine up to five thousand rupees. On a second or subsequent conviction, it is punishable with imprisonment of either description up to five years and fine up to ten thousand rupees.

Real-World Example

When This Does Not Apply

• The object is not obscene because it is not lascivious, does not appeal to the prurient interest, and does not tend to deprave and corrupt persons likely to read, see or hear it
• The accused did not sell, let to hire, distribute, publicly exhibit, put into circulation, produce, possess for circulation, import, export, convey or advertise the object, did not take part in or receive profits from a business dealing in such objects, and did not offer or attempt to do any of those acts
• The publication is proved to be justified as being for the public good on the ground that it is in the interest of science, literature, art or learning, or is kept or used bona fide for religious purposes
• The representation is sculptured, engraved or painted on or in an ancient monument, a temple, or a car used for the conveyance of idols or kept or used for any religious purpose

Bare Act Text

(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.

Explained in Simple Words

Key Ingredients

• The item is an obscene book, pamphlet, paper, writing, drawing, painting, representation, figure or other object, including electronic content
• The material is lascivious, appeals to prurient interest, or tends to deprave and corrupt likely readers, viewers or hearers
• The accused sold, hired out, distributed, publicly exhibited, circulated, made, produced or possessed it for those purposes
• Or the accused imported, exported or conveyed the obscene object for those purposes, or knowing or having reason to believe it would be so used
• Or the accused took part in or received profits from a business involving such obscene objects with knowledge or reason to believe, or advertised, offered or attempted any act which is an offence under this section

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, the offender shall also be punished with fine which may extend to five thousand rupees; on a second or subsequent conviction, the offender shall also be punished with fine which may extend to ten thousand rupees.

Selling, hiring, distributing, publicly exhibiting, circulating, making or possessing for those purposes, importing, exporting, conveying, profiting from, advertising, or offering or attempting to deal in obscene objects is punishable on first conviction with imprisonment of either description for up to two years and fine up to five thousand rupees, and on a second or subsequent conviction with imprisonment of either description for up to five years and fine up to ten thousand rupees.

Real-World Example

When This Does Not Apply

• The material is not obscene because it is not lascivious, does not appeal to prurient interest, and does not tend to deprave or corrupt likely viewers
• A person privately possesses an item, but not for sale, hire, distribution, public exhibition or circulation
• There is no sale, distribution, exhibition, circulation, import, export, conveyance, advertising, offer or attempt covered by the section
• The case falls within the stated exception to this section
• A person deals with ordinary adult literature or artwork that may be unpopular or offensive, but the statutory test of obscenity is not met