Section 295 BNS: Sale, Distribution or Exhibition of Obscene Objects to Child (Formerly Section 293 IPC)

Section 295 of Bharatiya Nyaya Sanhita: Sale, Distribution or Exhibition of Obscene Objects to Child

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees.

Legal Commentary & Landmark Judgments: Section 295

Section 295 prescribes enhanced punishment for selling, letting to hire, distributing, exhibiting, or circulating any obscene object to any child under the age of eighteen years.

Obscene Material: Any obscene book, picture, recording, or electronic depiction.
Targeted Recipient is Child: Selling, supplying, or exhibiting to any person under eighteen years of age.
Stringent Penalty: Enhanced imprisonment and mandatory fine to safeguard minors from sexual exploitation.

Key Landmark Precedents:

Independent Thought v. Union of India (2017) 10 SCC 800: The Supreme Court affirmed that children constitute a specially protected constitutional class requiring stringent statutory safeguards against corrupting influences.
Aveek Sarkar v. State of West Bengal (2014) 4 SCC 257: Clarified that while adult art is judged by contemporary standards, distribution of sexually explicit material to minors is strictly barred.

Courtroom Practice & Strategic Litigation Guidance:

Proof of the victim's age under Section 94 of the Juvenile Justice Act (school admission register or birth certificate) is mandatory. Accused can defend by showing lack of knowledge of the buyer's minority if the buyer appeared adult.

Section 295: Sale, Distribution or Exhibition of Obscene Objects to Child

Section 295 of Bharatiya Nyaya Sanhita: Sale, Distribution or Exhibition of Obscene Objects to Child

Legal Commentary & Landmark Judgments: Section 295