BNS Section 294
What are the penalties for selling or distributing obscene books in India?
Short answer
First conviction brings up to 2 years’ imprisonment and a fine up to ₹5,000; later convictions can lead to up to 5 years’ imprisonment and a fine up to ₹10,000.
In detail
Under Section 294 of the Bharatiya Nyaya Sanhita, 2023, anyone who sells, hires, distributes, publicly exhibits, imports, exports, or otherwise puts an obscene book, pamphlet, drawing, painting, or any similar object into circulation can be punished. "Obscene" means material that is lascivious, appeals to prurient interest, or tends to corrupt persons likely to view it. On a first conviction, the law allows imprisonment of any description for up to two years and a fine that may reach five thousand rupees. If the person is convicted again, the maximum imprisonment rises to five years and the fine may go up to ten thousand rupees. The section also covers advertising the sale or offering to do any act that is an offence under it. However, the law does not apply to works justified for public good in science, literature, art, learning, or those used genuinely for religious purposes, nor to certain ancient monuments or temple-related items.
Related questions
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Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What exceptions apply to the obscene books provision?
- Does importing obscene material attract the same penalty?
- Can advertising the sale of obscene books be punished?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.