Section 294 BNS: Sale, Etc., Of Obscene Books, Etc.

Table of Contents

Section 294 BNS | BNS 294

294(1) BNS

For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, including display of any content in electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

294(2) BNS

Whoever—

(a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever in whatever manner; or

(b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation; or

(c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation; or

(d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or

(e) offers or attempts to do any act which is an offence under this section,

shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to five thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to ten thousand rupees.

Exception— This section does not extend to—

(a) any book, pamphlet, paper, writing, drawing, painting, representation or figure—

the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or
which is kept or used bona fide for religious purposes.

(b) any representation sculptured, engraved, painted or otherwise represented on or in—

any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958); or
any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

READ OTHER SECTIONS OF CHAPTER XV — OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS

Section No.	Section Title
270	Public nuisance.
271	Negligent act likely to spread infection of disease dangerous to life.
272	Malignant act likely to spread infection of disease dangerous to life.
273	Disobedience to quarantine rule.
274	Adulteration of food or drink intended for sale.
275	Sale of noxious food or drink.
276	Adulteration of drugs.
277	Sale of adulterated drugs.
278	Sale of drug as a different drug or preparation.
279	Fouling water of public spring or reservoir.
280	Making atmosphere noxious to health.
281	Rash driving or riding on a public way.
282	Rash navigation of vessel.
283	Exhibition of false light, mark or buoy.
284	Conveying person by water for hire in unsafe or overloaded vessel.
285	Danger or obstruction in public way or line of navigation.
286	Negligent conduct with respect to poisonous substance.
287	Negligent conduct with respect to fire or combustible matter.
288	Negligent conduct with respect to explosive substance.
289	Negligent conduct with respect to machinery.
290	Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.
291	Negligent conduct with respect to animal.
292	Punishment for public nuisance in cases not otherwise provided for.
293	Continuance of nuisance after injunction to discontinue.
294	Sale, etc., of obscene books, etc.
295	Sale, etc., of obscene objects to child.
296	Obscene acts and songs.
297	Keeping lottery office.

Read all the chapters of the Bharatiya Nyaya Sanhita 2023

FAQs of BNS Section 294

294 BNS punishment and fine

Punishment and fine under Section 294(2) of the BNS: On first conviction, with imprisonment for 2 years, and with fine of 5,000 rupees, and, in the event of second or subsequent conviction, with imprisonment for 5 years, and with fine of 10,000 rupees.
294 BNS cognizable or not

The offence under Section 294(2) of the BNS is cognizable.
294 BNS bailable or not

The offence under Section 294(2) of the BNS is bailable.
294 BNS trial court

Offence specified in Section 294(2) of the BNS is triable by any Magistrate.

Important Points

Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.

Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.

Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).