BNS Section 294 — Sale, etc., of obscene books, etc

Summary

Sub-section (1) defines when a book, pamphlet, paper, writing, drawing, painting, representation, figure, or any other object — including content displayed in electronic form — is considered obscene for the purposes of sub-section (2). Such an object is deemed obscene if it is lascivious or appeals to the prurient interest, or if its effect — or, where it has two or more distinct items, the effect of any one of those items — taken as a whole, tends to deprave and corrupt persons who are likely, considering all relevant circumstances, to read, see, or hear the matter contained in it.

Sub-section (2) lists the acts that are punishable under this section. Under clause (a), whoever sells, lets to hire, distributes, publicly exhibits, or in any manner puts into circulation any obscene object, or makes, produces, or possesses such an object for the purpose of sale, hire, distribution, public exhibition, or circulation, commits an offence.

Under clause (b), whoever imports, exports, or conveys any obscene object for any of the purposes mentioned in clause (a), or does so knowing or having reason to believe that the object will be sold, let to hire, distributed, publicly exhibited, or put into circulation, commits an offence.

Under clause (c), whoever takes part in or receives profits from any business in the course of which he knows or has reason to believe that such obscene objects are made, produced, purchased, kept, imported, exported, conveyed, publicly exhibited, or put into circulation for any of the purposes mentioned in clause (a), commits an offence.

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

Under clause (e), whoever offers or attempts to do any act that is an offence under this section commits an offence. The punishment for a first conviction is imprisonment of either description for a term that may extend to two years, and a fine that may extend to five thousand rupees. For a second or subsequent conviction, the punishment is imprisonment of either description for a term that may extend to five years, and also a fine that may extend to ten thousand rupees.

The Exception to this section states that the section does not apply to certain items. Under clause (a) of the Exception, it does not apply to any book, pamphlet, paper, writing, drawing, painting, representation, or figure — (i) the publication of which is proved to be justified as being for the public good on the ground that it is in the interest of science, literature, art, or learning, or other objects of general concern; or (ii) which is kept or used bona fide for religious purposes.

Under clause (b) of the Exception, the section does not apply to any representation sculptured, engraved, painted, or otherwise represented on or in — (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958; or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

Official Text

(1) 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.

(2) 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—

(i) 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

(ii) which is kept or used bona fide for religious purposes;

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

(i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958); or

(ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose.

Related Judgments

• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
• SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
• SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)

Old <-> New Code Mapping

• IPC §292 — Sale, etc., of obscene books, etc