Section 296 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Obscene Acts and Songs

Provision:

Whoever, to the annoyance of others—

1. Does any obscene act in any public place; or
2. Sings, recites, or utters any obscene song, ballad, or words in or near any public place;

shall be punished with:

• Imprisonment of either description (simple or rigorous) for a term up to 3 months, or
• Fine up to ₹1,000, or
• Both.

Essential Ingredients

• To constitute an offence under Section 296, the prosecution must prove:

1. The act or words were obscene.
2. They occurred in a public place or near a public place.
3. They caused annoyance to others.

Punishment

• Maximum imprisonment: 3 months.
• Maximum fine: ₹1,000.
• Or both imprisonment and fine.

Corresponding IPC Provision

• BNS Section 296 corresponds to Section 294 of the Indian Penal Code (IPC), with substantially the same offence relating to obscene acts and songs in public places.

Example

• A person loudly uses obscene and sexually explicit language through a loudspeaker in a public park, causing annoyance to people nearby. Such conduct may attract liability under BNS Section 296.