Indian criminal law | Updated 30 October 2026
IPC Section 292 and BNS Section 294: Sale and Circulation of Obscene Material
Section 292 of the Indian Penal Code, 1860 addressed the sale, distribution, exhibition and circulation of obscene books and other objects. The corresponding current provision is Section 294 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which expressly addresses the display of content in electronic form.
Meaning of obscene material under the law
Under IPC Section 292(1) and BNS Section 294(1), the legal test concerns a book, pamphlet, paper, writing, drawing, painting, representation, figure or other object that is lascivious, appeals to prurient interest, or whose effect, considered as a whole and in its relevant circumstances, tends to deprave and corrupt people likely to read, see or hear it. BNS Section 294(1) expressly includes the display of content in electronic form.
Lascivious generally refers to material marked by a sexual or lustful character. Prurient interest refers to an unhealthy or excessive interest in sexual matters. These statutory expressions must be applied in context: nudity, sexual themes or offensive language do not automatically establish criminal obscenity.
Acts covered by IPC Section 292(2) and BNS Section 294(2)
The provisions address specified dealings in material that meets the legal test of obscenity. The prohibited categories include:
- Sale, hire, distribution, public exhibition or circulation: selling, renting, distributing, publicly displaying or otherwise circulating obscene material, including making, producing or possessing it for those purposes.
- Import, export or transport: moving obscene objects for prohibited circulation, including where the person knows or has reason to believe they will be circulated.
- Participation in a business: taking part in, or receiving profits from, a business involving such material with the requisite knowledge or reason to believe.
- Advertising availability: publicising that a person engages in prohibited dealings or that obscene objects can be obtained through a person.
- Offers and attempts: offering or attempting to commit an act prohibited by the section.
These are statutory categories, not a rule that every private viewing, possession, artistic depiction or discussion of sexuality is automatically punishable under this provision. The precise conduct, purpose, context and any applicable exception matter.
Punishment under IPC Section 292 and BNS Section 294
| Conviction | IPC Section 292(2) | BNS Section 294(2) |
|---|---|---|
| First conviction | Imprisonment of either description up to 2 years and fine up to Rs. 2,000 | Imprisonment of either description up to 2 years and fine up to Rs. 5,000 |
| Second or subsequent conviction | Imprisonment of either description up to 5 years and fine up to Rs. 5,000 | Imprisonment of either description up to 5 years and fine up to Rs. 10,000 |
The statutory language prescribes imprisonment and a fine upon conviction, subject to the court's lawful sentencing powers. The maximum term of imprisonment is unchanged, while the specified maximum fines are higher under the BNS.
Statutory exceptions: art, science, literature and religion
Both provisions expressly exclude certain material from their operation:
- Public good: a publication proved to be justified in the public interest because it serves science, literature, art, learning or another object of general concern.
- Bona fide religious purpose: a publication or representation kept or used genuinely for religious purposes.
- Protected representations: relevant sculpture, engraving, painting or other representation on or in an ancient monument under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, or in a temple, on a car used for carrying idols, or kept or used for religious purposes.
These exceptions require examination of the particular material and surrounding facts. A label such as "educational" or "artistic" does not, by itself, determine the legal result.
Is BNS Section 294 cognizable and bailable?
| Provision | BNS Section 294(2) |
|---|---|
| Nature of offence | Cognizable |
| Bail | Bailable |
| Court | Any Magistrate |
| Source | First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) |
Cognizable means the police may investigate under the applicable procedural law without first obtaining a Magistrate's order for a non-cognizable case. Bailable means bail is available as of right when the legal conditions are satisfied. These classifications do not dispense with statutory safeguards or proof of the offence.
Electronic publications and the Information Technology Act
BNS Section 294 expressly recognises electronic display in its obscenity definition. Where online content is involved, investigators and courts must also consider the Information Technology Act, 2000, particularly Sections 67, 67A and 67B where their specific elements are met. The relationship between the general criminal provision and the special law depends on the facts and applicable judicial decisions. Section 67B addresses certain child-related electronic content and should not be conflated with ordinary adult obscenity.
For material supplied to a child, the separate provision BNS Section 295 (corresponding to IPC Section 293) may be relevant. Public obscene acts and songs are dealt with separately under BNS Section 296 (corresponding to IPC Section 294).
Illustrative situations
- A distributor deliberately markets material that meets the statutory obscenity test and falls outside the exceptions. The sale and circulation provisions may apply.
- A museum displays historically significant artwork in a genuine educational setting. The public-good or protected-representation exceptions may be relevant.
- A website distributes material alleged to be obscene. The facts must be assessed under BNS Section 294 and, where applicable, the Information Technology Act.
- A publisher circulates a medical textbook with anatomical illustrations. Its scientific and educational purpose is relevant; such content is not automatically obscene.
Frequently asked questions
What is the current equivalent of IPC Section 292?
Section 294 of the Bharatiya Nyaya Sanhita, 2023 is the corresponding provision for conduct governed by the BNS from 1 July 2024.
What is the punishment under BNS Section 294?
On a first conviction, imprisonment up to two years and a fine up to Rs. 5,000; on a second or subsequent conviction, imprisonment up to five years and a fine up to Rs. 10,000.
Does BNS Section 294 cover electronic content?
Yes. Section 294(1) expressly includes the display of content in electronic form, although the Information Technology Act, 2000 may also apply.
Is the offence cognizable and bailable?
Yes. Under the First Schedule to the BNSS, the offence under Section 294(2) is cognizable, bailable and triable by any Magistrate.
Are art, literature, science and religious materials exempt?
The section contains specific exceptions for publications proved justified for the public good in the interests of science, literature, art, learning or other general concerns, and for bona fide religious uses and certain protected representations.
Official legal sources
- India Code, Government of India - access the Bharatiya Nyaya Sanhita, 2023, Indian Penal Code, 1860 and Information Technology Act, 2000.
- National Crime Records Bureau: BNS provisions - statutory text of BNS Section 294.
- NCRB: BNSS First Schedule - classification of BNS Section 294(2).
- Ancient Monuments and Archaeological Sites and Remains Act, 1958 - relevant to the statutory exception.
This article is general legal information, not a substitute for advice on a particular prosecution or publication. The applicability of the law depends on dates, facts and judicial interpretation.