Code: Section 295 BNS
Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such
obscene object as is referred to in section 294, or offers or attempts so to do, shall be
punished on first conviction with imprisonment of either description for a term which may
extend to three years, and with fine which may extend to two thousand rupees, and, in the
event of a second or subsequent conviction, with imprisonment of either description for a
term which may extend to seven years, and also with fine which may extend to five thousand
rupees.
Explanation of Section 295 BNS
Section 295 of the Bharatiya Nyaya Sanhita (BNS) specifically addresses the sale, distribution, and circulation of obscene objects to children. This section strengthens the protection of minors from exposure to inappropriate content by imposing stricter penalties for those who engage in such activities.
It builds upon Section 294, which defines what constitutes an obscene object, and extends the provisions to cover cases where such material is directed towards children—a group considered vulnerable to moral and psychological harm.
Illustration
Example 1: Selling Obscene Content to a Child
A shopkeeper sells obscene magazines to a minor, despite knowing the buyer’s age. This is a clear violation of Section 295, and the shopkeeper could face up to three years in prison and a fine of ₹2,000 on the first conviction.
Example 2: Online Distribution to Minors
An individual uploads obscene content to a website targeted at children. Even though the distribution is online, this act falls under Section 295, and the person could face stringent penalties if caught.
Common Questions and Answers on Section 295 BNS
1. What does “obscene object” mean under Section 295?
- Answer: It refers to any material, in any form (physical or electronic), that is lascivious, appeals to prurient interests, or tends to deprive and corrupt those exposed to it, especially minors.
2. Who qualifies as a “child” under this section?
- Answer: A “child” is generally understood as someone below the age of 18 years as per legal standards in India.
3. What are the penalties for violating Section 295?
- Answer:
- First conviction: Up to 3 years of imprisonment and a fine of ₹2,000.
- Second or subsequent conviction: Up to 7 years of imprisonment and a fine of ₹5,000.
4. Does this apply to digital content as well?
- Answer: Yes, the section applies to both physical and electronic forms of obscene content.
Conclusion
Section 295 of the Bharatiya Nyaya Sanhita (BNS) is a crucial legal provision designed to protect children from the harmful effects of obscene materials. Recognizing the vulnerability of minors, the law imposes strict penalties on those who attempt to exploit or corrupt them through such content.
By addressing both traditional and digital media, this section ensures comprehensive protection for children against moral and psychological harm.
