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Section 296: Obscene Acts and Songs in Public Places

Bharatiya Nyaya Sanhita • Chapter XV: Of Offences Affecting Public Health, Safety & Morals • Official Statutory Text & Legal Guide

Chapter XV: Of Offences Affecting Public Health, Safety & Morals
Any Magistrate
Bailable
Cognizable
Formerly Sec 294 IPC
Section 295 All 358 Sections of Bharatiya Nyaya Sanhita Section 297

Legal Commentary & Landmark Judgments: Section 296

Section 296 of the BNS, 2023 penalises doing any obscene act in any public place, or singing, reciting, or uttering any obscene song, ballad, or words in or near any public place, to the annoyance of others (replacing Section 294 IPC).

  • Obscene Act or Song: Performing a lascivious act or reciting sexually vulgar songs or words.
  • Public Location: Committed in or near any public place, street, bus, or gathering.
  • Annoyance to Others: Must cause actual or objective annoyance to members of the public.
Key Landmark Precedents:
  • Pawan Kumar v. State of Haryana (1996) 4 SCC 17: The Supreme Court held that to convict under this provision, the prosecution must establish that the obscene act or utterance caused actual annoyance to the public; mere vulgarity without annoyance does not suffice.
  • N. Radhakrishnan v. Union of India (2018) 9 SCC 725: Affirmed that moral policing cannot be sanctioned under this section; consenting adult affection without indecency does not constitute criminal obscenity.
  • State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Reiterated that FIRs under obscenity laws lacking specific words or acts causing public annoyance are liable to be quashed under inherent powers.
Courtroom Practice & Strategic Litigation Guidance:

In defence, test whether any independent public witness testified to feeling 'annoyed'. If the only complainant is a police officer conducting moral surveillance, move for quashing under Section 528 BNSS.

Section 295 All 358 Sections of Bharatiya Nyaya Sanhita Section 297