● Modified in BNS
Selling, distributing, exhibiting or trading in obscene books, papers or other objects carries up to 2 years' imprisonment and fine on a first conviction (up to 5 years on repeat conviction) under BNS Section 294 -- and, for the first time, the obscenity definition itself expressly covers displaying obscene content in electronic form, alongside higher fines.
Section 292 IPC defined material as obscene if it is lascivious, appeals to prurient interest, or tends to deprave and corrupt likely readers/viewers taken as a whole, and punished selling, distributing, publicly exhibiting, importing, exporting or profiting from such material with imprisonment up to 2 years and fine up to Rs 2,000 on a first conviction, rising to up to 5 years and fine up to Rs 5,000 on a second or subsequent conviction. An Exception protected material justified for the public good (science, literature, art, learning) or bona fide religious or ancient-monument use.
BNS Section 294 reproduces the offence and the public-good/religious Exception unchanged, but explicitly extends the obscenity definition to "display of any content in electronic form" -- language that did not exist in IPC 292's own text (electronic obscenity had previously been addressed separately, under the Information Technology Act, 2000). Fine ceilings also rise: Rs 2,000 to Rs 5,000 on first conviction, Rs 5,000 to Rs 10,000 on repeat conviction.
The core offence and its Exception are unchanged, but the definition of "obscene" is genuinely widened to expressly include electronic-form content for the first time within this general obscenity provision, and both fine ceilings are increased.
First conviction: imprisonment of either description up to 2 years, and fine up to Rs 5,000. Second or subsequent conviction: imprisonment up to 5 years, and fine up to Rs 10,000..
IPC 292 is bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 292 are tried before the Any Magistrate..
Common defences include the material being justified for the public good (science, literature, art, or learning), bona fide religious purpose or connection to an ancient monument or temple, and absence of the requisite lascivious or prurient character taken as a whole.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons