Section 296 BNS: Obscene acts and songs

Bharatiya Nyaya Sanhita, 2023

Section 296 BNS at a Glance

Section 296 BNS deals with obscene acts and songs. It is bailable and cognizable, triable by any Magistrate; it replaced Section 294 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to three months under Section 296 BNS.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 294 →

Section 296 BNS Bare Act Text

296. Obscene acts and songs

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.

Source: Section 296, Bharatiya Nyaya Sanhita, 2023

Section 296 BNS in Simple Words

Section 296 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with acts, words, or songs that are obscene and cause annoyance to others in public. The law is meant to protect public decency and order. It is usually applied where a person performs or speaks in a way that is offensive and likely to disturb people nearby.

To attract this section, the act must be done in or near a public place, or in a place visible or audible to the public. There must also be actual annoyance caused to others. Mere bad language in private is not enough.

In practice, police often invoke this section in street quarrels, public performances, drunken misconduct, and offensive shouting or singing in public. Courts look at the context, the location, and whether the conduct was really obscene in law, not just vulgar or impolite.

Ingredients of Section 296 BNS

  • Doing an obscene act in any public place to the annoyance of others
  • Singing, reciting or uttering an obscene song, ballad or words in or near any public place to the annoyance of others

Punishment Under Section 296 BNS

Imprisonment

Imprisonment of either description for a term which may extend to three months under Section 296 BNS.

Fine

Fine which may extend to one thousand rupees under Section 296 BNS.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Section 296 BNS prescribes imprisonment of either description for a term which may extend to three months, or fine which may extend to one thousand rupees, or both.

Example of Section 296 BNS

Deepak stands on the platform of a busy suburban railway station during evening peak hours. Deepak deliberately and loudly shouts sexually explicit and obscene abuses directed at commuter crowds, gesturing vulgarly. Commuters waiting on the platform object strongly and express severe annoyance at the public vulgarity. Deepak uttered obscene words in a public place causing annoyance to others. Deepak is liable under Section 296 BNS.

When Section 296 BNS Does Not Apply

  • The act was not done in any public place, and the song, ballad or words were not sung, recited or uttered in or near any public place
  • The words or gestures used were rude or uncivil but not obscene in character
  • The act or utterance was not done to the annoyance of others

Section 296 BNS in the IPC (Previous Law)

Section 296 BNS replaces Section 294 IPC from the old criminal code.

Section 294 IPC corresponds to Section 296 BNS. The heading and the substantive elements of doing an obscene act in a public place or uttering obscene words in or near a public place to the annoyance of others remain unchanged. The maximum term of imprisonment remains three months. While Section 294 IPC did not prescribe an upper ceiling for the fine, Section 296 BNS caps the fine at one thousand rupees.

View IPC Section 294 →

FAQs on Section 296 BNS

Is shouting abuses in public covered under Section 296 BNS?▼

It can be, if the words are obscene and they actually annoy people around. A private argument is different from abusive conduct in a public place. Police usually look at the location, the language used, and whether bystanders were disturbed.

Does Section 296 BNS apply to songs or performances?▼

Yes, if the song, performance, or display is obscene and is done in public or where the public can hear or see it. The law is not aimed at ordinary entertainment. The objection must be strong enough to amount to obscenity in legal terms.

Can a case under Section 296 BNS be settled?▼

Yes, this offence is compoundable, so it can be settled with the permission required by law. In practice, many cases end at an early stage if the parties resolve the dispute. The exact procedure depends on the facts and the court handling the matter.

Is Section 296 BNS a serious criminal case?▼

It is generally treated as a minor offence. The maximum punishment is short imprisonment or a small fine. Still, it can create trouble in police records, so it should not be ignored.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·