● Modified in BNS
Obscene acts or songs in or near a public place, done to the annoyance of others, carry up to 3 months' imprisonment, or fine up to Rs 1,000, or both under BNS Section 296 -- unchanged from IPC 294 except that the previously uncapped fine is now capped.
Section 294 IPC punished doing an obscene act in a public place, or singing, reciting or uttering an obscene song, ballad or words in or near a public place, to the annoyance of others, with imprisonment of either description up to 3 months, or fine (uncapped), or both.
BNS Section 296 reproduces the offence verbatim, with the same two clauses and the same 3-month imprisonment ceiling. The one substantive change: the previously open-ended fine now carries an explicit statutory ceiling of Rs 1,000.
Offence definition and imprisonment ceiling unchanged. The previously uncapped fine is now capped at Rs 1,000 -- a defendant-favourable change that removes judicial discretion to impose an unlimited fine.
Imprisonment of either description up to 3 months, or fine up to Rs 1,000, or both..
IPC 294 is bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 294 are tried before the Any Magistrate..
Common defences include the act or words not meeting the statutory threshold of obscenity, absence of any annoyance actually caused to others, and the conduct not occurring in or near a public place.
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