Obscene Acts and Sale of Obscene Material Under the BNS (Sections 294 and 296) (2026)
What counts as an obscene act in public under Section 296 of the BNS, how Section 294 covers the sale and display of obscene material, the old IPC sections they replace, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
An obscene act done in a public place is an offence under Section 296 of the Bharatiya Nyaya Sanhita, 2023 (BNS), the new code that replaced the Indian Penal Code (IPC) on 1 July 2024. Section 296 carries forward the old Section 294 of the IPC and is punishable with jail up to three months, or a fine up to one thousand rupees, or both. The sale and public display of obscene material is a separate offence under Section 294 of the BNS, which carries forward Section 292 of the IPC. This explainer sets out what each section covers, the exact old-to-new mapping, the punishment, and what changed. Last verified October 2026.
- Obscene acts in public: Section 296 BNS (old Section 294 IPC), punishable with up to 3 months, or fine up to Rs 1,000, or both.
- Sale or display of obscene material: Section 294 BNS (old Section 292 IPC), up to 2 years and Rs 5,000 on first conviction, up to 5 years and Rs 10,000 on a later one.
- Classification: both are treated as cognizable and bailable, triable by any Magistrate.
- Tracking the case: Claw tracks these matters across 9,102 forums.
01What Sections 296 and 294 of the BNS cover
The BNS deals with public obscenity and obscene material in two separate sections. It helps to keep them apart, because the numbers are easy to mix up.
Section 296: obscene acts in public
Section 296 of the BNS punishes a person who, to the annoyance of others, does any obscene act in a public place, or sings, recites or utters any obscene song, ballad or words in or near a public place. The core ingredients are three: the act or words must be obscene, they must be in or near a public place, and they must cause annoyance to others. This is the section used for public indecency and lewd behaviour in a public space.
Section 294: sale and display of obscene material
Section 294 of the BNS punishes the sale, hire, distribution, public exhibition, import, export, advertising or circulation of obscene material. The BNS states this to expressly include material in electronic form, which reflects how most obscene material now moves. There are the usual exceptions for material justified as being for the public good, such as material used for a genuine religious, artistic or scientific purpose.
02The old IPC to new BNS mapping
The two offences swapped numbers between the old code and the new one, so read the mapping carefully.
| Offence | Old IPC section | New BNS section |
|---|---|---|
| Obscene acts and songs in public | Section 294 IPC | Section 296 BNS |
| Sale, display or advertising of obscene material | Section 292 IPC | Section 294 BNS |
So the old Section 294 IPC (obscene acts) is now Section 296 BNS, and the old Section 292 IPC (obscene material) is now Section 294 BNS. A person searching for "section 294 ipc in bns" is usually looking for Section 296 of the BNS.
Keep the numbers straight
Old IPC 294 (acts) becomes BNS 296. Old IPC 292 (material) becomes BNS 294. The digits 294 appear in both codes but point to different offences.
03Punishment and classification
The punishment is different for each section, and reflects how serious the conduct is.
- Section 296 (obscene acts): imprisonment of either description up to three months, or fine up to one thousand rupees, or both.
- Section 294 (obscene material): on first conviction, imprisonment up to two years and fine up to five thousand rupees; on a second or later conviction, imprisonment up to five years and fine up to ten thousand rupees.
On classification, the offence under Section 296 is cognizable and bailable, and is triable by any Magistrate. The offence under Section 294 is treated as cognizable and bailable as well, and is triable by any Magistrate.
04What changed from the old law
The substance of both offences is largely carried over, with two practical changes.
First, the numbers moved, which matters for pleadings, charge sheets and case management. Second, Section 294 of the BNS makes clear that obscene material in electronic form is covered, which puts the offence on a firmer footing for digital content. The test of obscenity itself continues to be read by courts in the light of community standards and the surrounding context, so older case law on obscenity still helps. For the wider picture of how the codes changed, see how the BNS changed the IPC and the IPC to BNS section converter.
05Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Obscenity offences under Sections 294 and 296 of the BNS are charged and litigated in cases across India. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, so you can see how these sections are being read and follow a live matter. Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name. For the full picture, see case search across Indian courts.
06Sources and further reading
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- India Code (official bare text of the BNS): indiacode.nic.in
- Text of BNS Section 296: devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. Always read the section as it stands on the day you act, and take advice from counsel on your facts.
07Frequently asked questions
What is Section 296 of the BNS?
Section 296 of the Bharatiya Nyaya Sanhita, 2023 punishes doing an obscene act in a public place, or singing or uttering obscene songs or words in or near a public place, to the annoyance of others. It carries forward the old Section 294 of the IPC. The punishment is jail up to three months, or a fine up to one thousand rupees, or both.
Which IPC section is now BNS Section 296?
The old Section 294 of the Indian Penal Code (obscene acts and songs) is now Section 296 of the BNS. The old Section 292 of the IPC (sale and display of obscene material) is now Section 294 of the BNS, so the numbers swapped.
What is the punishment for selling obscene material under the BNS?
Under Section 294 of the BNS, a first conviction carries imprisonment up to two years and a fine up to five thousand rupees. A second or later conviction carries imprisonment up to five years and a fine up to ten thousand rupees. The section expressly covers obscene material in electronic form.
Is an obscene act under Section 296 BNS a bailable offence?
Yes. The offence under Section 296 is treated as cognizable and bailable, and is triable by any Magistrate. You should confirm the current classification against the First Schedule of the BNSS and take advice on your facts.
Did the obscenity law change under the BNS?
The substance is largely the same, with two practical changes: the section numbers moved, and Section 294 of the BNS makes clear that obscene material in electronic form is covered. Older case law on what is obscene still helps.
Can I track an obscenity case in Claw?
Yes. Claw tracks matters across 9,102 courts and forums with automatic updates, cause lists, and WhatsApp and email alerts, and lets you search cases, orders and judgments by section, party or advocate. It tracks the case but does not file it or give legal advice.