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.

Punishment

Imprisonment of either description for a term which may extend to three months, or fine, or both.

Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜
BNS Equivalent

Section 296 โ†’

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

Imprisonment of either description for a term which may extend to three months, or fine, or both.

Fine

Fine with no fixed limit, alone or with imprisonment.

Bailable โ“˜Cognizable โ“˜Non-Compoundable โ“˜๐Ÿ›๏ธ Any Magistrate โ“˜

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

In 2022, Praveen entered a busy municipal garden in Bhopal during the morning and performed indecent, obscene physical acts in full view of visitors walking along the paths. He also loudly sang an obscene ballad near the garden gate. Families and senior citizens present in the garden were disgusted and expressed strong annoyance at his behaviour. Because Praveen performed an obscene act in a public place and sang an obscene ballad in and near a public place to the annoyance of others, Praveen is punishable under 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) โ†’

FAQs on Section 294 IPC

What does Section 294 IPC punish?โ–ผ

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?โ–ผ

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?โ–ผ

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?โ–ผ

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?โ–ผ

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?โ–ผ

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?โ–ผ

No. Section 294 IPC is not compoundable under Section 320 of the Code of Criminal Procedure.

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

Sources: Bare Act Text, Indian Penal Code, 1860 ยท Last updated: 16 Oct 2026 ยท