Section 296 of the Bharatiya Nyaya Sanhita (BNS) addresses the prohibition of obscene acts and songs in public places. This section was part of a comprehensive reform to replace the outdated Indian Penal Code (IPC) and came into effect on July 1, 2024.
Key Provisions of Section 296 BNS
- Definition of Offenses:
- Obscene Acts: Engaging in any act that is deemed indecent or morally offensive in a public place.
- Obscene Songs: Singing, reciting, or uttering any song, ballad, or words that are considered obscene in or near a public area.
- Conditions for Offense:
- The behavior must cause annoyance to others present in the vicinity. This means that the act or song must disturb or discomfort those around.
- Punishments:
- Individuals found guilty under this section may face:
- Imprisonment for up to three months,
- A fine not exceeding one thousand rupees, or
- Both penalties may be applied simultaneously.
- Individuals found guilty under this section may face:
- Legal Context:
Comparison with Indian Penal Code (IPC)
Section 296 BNS is analogous to Section 294 of the IPC, which also addressed obscene acts and songs. However, the BNS aims to provide a more contemporary legal framework suited to current societal norms and values.
Objective of the Law
The primary goal of Section 296 is to maintain public decency and prevent disturbances caused by offensive behavior or language in communal spaces. It seeks to protect individuals from exposure to unwanted and inappropriate conduct, thereby promoting a safer environment for all members of society34.In summary, Section 296 of the Bharatiya Nyaya Sanhita establishes clear guidelines against obscene acts and songs in public, aiming to uphold societal standards of decency while providing legal recourse for those affected by such behaviors.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
