Section 294 IPC: Obscene acts and songs
Indian Penal Code, 1860
Section 294 IPC at a Glance
Section 294 IPC deals with obscene acts and songs. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 296 BNS.
Imprisonment of either description for a term which may extend to three months, or fine, or both.
Section 294 IPC Bare Act Text
294. 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, or with both.
Source: Section 294, Indian Penal Code, 1860
Section 294 IPC in Simple Words
Section 294 of the Indian Penal Code (IPC) punishes whoever, to the annoyance of others, does any obscene act in any public place, or sings, recites, or utters any obscene song, ballad, or words in or near any public place. The provision targets public acts or utterances done to the annoyance of others.
The prescribed punishment is imprisonment of either description for a term which may extend to three months, or with fine, or with both. Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, bailable, and triable by any Magistrate.
Ingredients of Section 294 IPC
- Doing an obscene act in any public place, or singing, reciting or uttering any obscene song, ballad or words in or near any public place
- The act or utterance was done to the annoyance of others
Punishment Under Section 294 IPC
Imprisonment of either description for a term which may extend to three months, or fine, or both.
Fine with no fixed limit, alone or with imprisonment.
Doing an obscene act or singing obscene songs in or near a public place, to the annoyance of others is punishable with imprisonment of either description for up to three months, or with fine, or with both.
Example of Section 294 IPC
When Section 294 IPC Does Not Apply
- Section 294 IPC does not apply when an obscene act takes place inside strictly private premises and no obscene song, ballad, or words are sung, recited, or uttered in or near a public place.
- Section 294 IPC does not apply if the conduct or spoken words, though offensive or impolite, are not obscene.
- Section 294 IPC does not apply where the obscene act or utterance does not cause annoyance to any other person.
Section 294 IPC in the BNS
Section 294 IPC is now covered under Section 296 BNS.
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 detailed comparison (IPC 294 vs BNS 296) โFAQs on Section 294 IPC
What does Section 294 IPC punish?โผ
Section 294 IPC punishes whoever, to the annoyance of others, does any obscene act in any public place, or sings, recites or utters any obscene song, ballad or words in or near any public place.
What is the punishment under Section 294 IPC?โผ
The punishment under Section 294 IPC is imprisonment of either description for a term which may extend to three months, or with fine, or with both.
What is the punishment under Section 296 BNS?โผ
The punishment under Section 296 BNS is 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.
Is annoyance an essential ingredient under Section 294 IPC?โผ
Yes. An essential ingredient of Section 294 IPC is that the obscene act or utterance must cause actual annoyance to others in or near a public place.
Does Section 294 IPC apply to acts done inside a private house?โผ
No. The section requires that the obscene act be done in a public place, or that the obscene song, ballad or words be sung, recited or uttered in or near a public place.
Is Section 294 IPC bailable and cognizable?โผ
Yes. Under the First Schedule to the Code of Criminal Procedure, an offence under Section 294 IPC is cognizable, bailable, and triable by any Magistrate.
Can an offence under Section 294 IPC be compounded?โผ
No. Section 294 IPC is not compoundable under Section 320 of the Code of Criminal Procedure.
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Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท