Bharatiya Nyaya Sanhita, 2023
BNS Section 295
Sale, etc., of obscene objects to child
In one line
BNS Section 295 deals with sale, etc., of obscene objects to child and replaces IPC 293.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 295 | Sale, etc., of obscene objects to child. | On first conviction, with imprisonment for 3 years, and with fine of 2,000 rupees, and in the event of second or subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees. | Cognizable. | Bailable. | Any Magistrate. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 295
295. Sale, etc., of obscene objects to child.
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.
What changed from the IPC
- IPC 293 → BNS 295: "person under the age of twenty years" is replaced by "child", thereby curtailing the scope of this provision.
Frequently asked
What was BNS Section 295 in the IPC?
BNS Section 295 (Sale, etc., of obscene objects to child) replaces Section 293 of the Indian Penal Code, 1860. IPC 293 is now BNS 295.
What is the punishment under BNS 295?
Sale, etc., of obscene objects to child – On first conviction, with imprisonment for 3 years, and with fine of 2,000 rupees, and in the event of second or subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.
Is BNS 295 bailable?
Bailable: BNS 295. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 290 — Negligent conduct with respect to pulling down, repairing or constructing buildings, etc
- BNS 291 — Negligent conduct with respect to animal
- BNS 292 — Punishment for public nuisance in cases not otherwise provided for
- BNS 293 — Continuance of nuisance after injunction to discontinue
- BNS 294 — Sale, etc., of obscene books, etc
- BNS 296 — Obscene acts and songs
- BNS 297 — Keeping lottery office
- BNS 298 — Injuring or defiling place of worship with intent to insult religion of any class
- BNS 299 — Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
- BNS 300 — Disturbing religious assembly