IPC Section 293 and BNS Section 295: Sale of Obscene Objects to Children
IPC Section 293 punished the sale, distribution, exhibition or circulation of obscene objects to persons below 20 years of age. The corresponding current provision is Section 295 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which protects a child and covers offers and attempts as well as completed acts.
The BNS came into force on 1 July 2024. For acts occurring on or after that date, Section 295 BNS is generally the applicable provision. IPC Section 293 remains relevant to offences committed before commencement, subject to applicable repeal-and-savings rules. Importantly, the BNS uses the term child instead of the IPC phrase person under the age of twenty years.
What did IPC Section 293 provide?
Section 293 of the Indian Penal Code, 1860, titled Sale, etc., of obscene objects to young person, prohibited selling, letting on hire, distributing, exhibiting or circulating an obscene object of the kind described in IPC Section 292 to any person under the age of twenty years. The prohibition also extended to offering or attempting to do those acts.
For a first conviction, the punishment was imprisonment of either description for up to three years and a fine up to Rs. 2,000. For a second or subsequent conviction, the punishment was imprisonment of either description for up to seven years and a fine up to Rs. 5,000.
The word and matters: the provision contemplates both imprisonment and fine upon conviction, rather than giving the court a simple choice between them.
BNS Section 295: Sale of obscene objects to a child
Section 295 BNS is titled Sale, etc., of obscene objects to child. It prohibits selling, hiring out, distributing, exhibiting or circulating to any child an obscene object referred to in BNS Section 294, and also prohibits offering or attempting to do so.
Under the general definition in BNS Section 2(3), a child means a person below the age of eighteen years. This differs from IPC Section 293, which expressly covered persons below twenty years. The applicable law must therefore be checked against the date of the alleged act and the person's age.
Essential ingredients of the offence
- Qualifying material: The object must meet the obscenity standard under BNS Section 294 (or, for an older IPC case, IPC Section 292).
- Prohibited conduct: The accused sells, hires out, distributes, exhibits or circulates the object, or offers or attempts one of these acts.
- Protected recipient: The intended or actual recipient is a child under the BNS, or a person below twenty years under the earlier IPC provision.
- Proof: The prosecution must establish the applicable legal elements and relevant facts beyond reasonable doubt; issues such as the accused's conduct, the material's character and the recipient's age may be disputed.
Illustrative situations
- A shopkeeper sells material found to be obscene under the statutory test to a 16-year-old.
- A distributor attempts to circulate prohibited obscene material to children, but the delivery is stopped before completion.
- A person offers obscene objects for hire to a child, even though no hire transaction is completed.
These are illustrations, not automatic findings of guilt. The nature of the content, statutory exceptions, proof and applicable law remain important.
Punishment under IPC Section 293 and BNS Section 295
| Issue | IPC Section 293 | BNS Section 295 |
|---|---|---|
| Protected age group | Person below 20 years | Child (generally below 18 years) |
| First conviction | Imprisonment up to 3 years and fine up to Rs. 2,000 | Imprisonment up to 3 years and fine up to Rs. 2,000 |
| Second or subsequent conviction | Imprisonment up to 7 years and fine up to Rs. 5,000 | Imprisonment up to 7 years and fine up to Rs. 5,000 |
| Related obscenity provision | IPC Section 292 | BNS Section 294 |
Offence classification under the BNSS
According to the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), an offence under BNS Section 295 is cognizable, bailable and triable by any Magistrate. Cognizable means the police have statutory powers to investigate without first obtaining a Magistrate's order; bailable means bail is available as of right subject to the applicable procedure. These classifications do not determine guilt.
How is obscenity determined?
BNS Section 294 provides the underlying definition of obscene objects and the principal offences relating to their sale or circulation. In broad terms, the statute refers to material that is lascivious, appeals to prurient interest, or whose effect, considered as a whole and in context, tends to deprave and corrupt likely recipients. The provision also expressly refers to content displayed in electronic form.
Statutory exceptions: Section 294 contains exceptions for material justified as being for the public good in the interests of science, literature, art, learning or other objects of general concern; material kept or used in good faith for religious purposes; and certain representations in ancient monuments, temples and religious contexts. The precise reach of an exception is fact-specific. Section 295 refers to obscene objects described in Section 294, so both provisions should be read together.
Online conduct may also raise separate questions under the Information Technology Act, 2000 or child-protection legislation, depending on the facts. This article does not treat all adult-oriented material as automatically unlawful.
Frequently asked questions
What is the corresponding BNS section for IPC Section 293?
BNS Section 295, titled Sale, etc., of obscene objects to child, corresponds to IPC Section 293 and applies to offences committed after the new criminal laws took effect on 1 July 2024.
What is the age threshold under the old and new provisions?
IPC Section 293 expressly referred to a person under 20 years of age. BNS Section 295 refers to a child, generally a person below 18 years under the BNS definition.
What is the punishment under BNS Section 295?
On first conviction, imprisonment of either description for up to three years and a fine up to Rs. 2,000. On a second or subsequent conviction, imprisonment of either description for up to seven years and a fine up to Rs. 5,000.
Is BNS Section 295 cognizable and bailable?
Yes. Under the BNSS First Schedule, it is cognizable and bailable and is triable by any Magistrate.
Does an attempt to sell obscene objects to a child attract liability?
Yes. BNS Section 295 expressly includes offering or attempting to sell, hire, distribute, exhibit or circulate the prohibited objects to a child.