Section 295 BNS: Sale, etc., of obscene objects to child
Bharatiya Nyaya Sanhita, 2023
Section 295 BNS at a Glance
Section 295 BNS deals with sale, etc., of obscene objects to child. It is bailable and cognizable, triable by any Magistrate; it replaced Section 293 IPC on 1 July 2024.
Imprisonment of either description for a term up to three years on first conviction, and up to seven years on a second or subsequent conviction.
Section 295 BNS Bare Act Text
295. Sale, etc., of obscene objects to young person
Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three 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 seven years, and also with fine which may extend to five thousand rupees.
Source: Section 295, Bharatiya Nyaya Sanhita, 2023
Section 295 BNS in Simple Words
Section 295 of the Bharatiya Nyaya Sanhita (BNS) deals with the sale, hire, distribution, exhibition, or circulation of obscene objects to a child. In simple terms, if a person sells, lets to hire, distributes, exhibits, or circulates any obscene object referred to in Section 294 BNS to a child (a person below 18 years of age), or offers or attempts to do so, the law treats it as a serious offence. The focus is on protecting children from obscene material.
The law prescribes stricter punishment on a first and subsequent conviction when the recipient is a child. In practice, this provision is used in cases involving books, pictures, films, electronic content, or other material that is legally obscene under Section 294 BNS. It matters because it creates criminal liability whenever such material is supplied, shown, or offered directly to a child.
Ingredients of Section 295 BNS
- Selling, letting to hire, distributing, exhibiting or circulating to a child an obscene object referred to in Section 294 BNS
- Offering or attempting to sell, let to hire, distribute, exhibit or circulate such an object to a child
Punishment Under Section 295 BNS
Imprisonment of either description for a term up to three years on first conviction, and up to seven years on a second or subsequent conviction.
Mandatory fine up to two thousand rupees on first conviction, and up to five thousand rupees on a second or subsequent conviction.
Section 295 BNS prescribes imprisonment of either description for up to three years and fine up to two thousand rupees on first conviction. Upon a second or subsequent conviction, the sentence increases to imprisonment of either description up to seven years and fine up to five thousand rupees.
Example of Section 295 BNS
When Section 295 BNS Does Not Apply
- The recipient of the obscene object is eighteen years of age or older and therefore not a child, in which case Section 294 BNS may apply instead of Section 295 BNS
- The material sold or exhibited does not constitute an obscene object within the legal test under Section 294 BNS
- The accused did not sell, let to hire, distribute, exhibit, circulate, offer or attempt to supply the obscene object to a child
Section 295 BNS in the IPC (Previous Law)
Section 295 BNS replaces Section 293 IPC from the old criminal code.
Section 293 IPC corresponds to Section 295 BNS. The heading is updated from young person to child. In the text, the age threshold shifts from any person under the age of twenty years in Section 293 IPC to any child in Section 295 BNS, where child is defined under Section 2(3) BNS as a person below the age of eighteen years. The internal cross-reference updates from the last preceding section to section 294 BNS. The punishment scales remain unchanged at imprisonment up to three years and fine up to two thousand rupees on first conviction, and imprisonment up to seven years and fine up to five thousand rupees on subsequent conviction.
View IPC Section 293 →FAQs on Section 295 BNS
What is Section 295 BNS about?▼
This section punishes the sale, hire, distribution, exhibition, or circulation of obscene objects to a child, or offering or attempting to do so. Under the BNS, a child means a person below 18 years of age.
Under Section 295 BNS, is it enough if the material was only shown, not sold?▼
Yes. The section covers more than sale. If obscene material is exhibited, distributed, or circulated to a child, or if someone offers or attempts to do so, liability can still arise.
What is the punishment under Section 295 BNS?▼
For a first conviction, the punishment may extend to three years of imprisonment and a fine up to two thousand rupees. For a second or subsequent conviction, the imprisonment may extend to seven years and a fine up to five thousand rupees.
Does Section 295 BNS apply after BNS came into force?▼
Yes, Section 295 BNS is the current provision in force under the Bharatiya Nyaya Sanhita, 2023, protecting children below 18 years of age from being supplied or shown obscene objects.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·