Section 296 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a refined overview of **Section 296 of the Bharatiya Nyaya Sanhita (BNS), 2023**:
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## 📜 Section 296 – *Obscene Acts and Songs in Public*
**Offence Defined:**
A person commits an offence if they, **to the annoyance of others**:
* Perform an **obscene act** in a public place, or
* Sing, recite, or utter any **obscene song, ballad, or words**, in or near a public place ([sudhirrao.com][1]).
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## ⚖️ 📋 Punishment, Cognizability, Bailability
* **Imprisonment**: Up to **3 months** (simple or rigorous)
* **Fine**: Up to **₹1,000**
* **Or both** ([lawrato.com][2]).
* **Cognizable**: ✅ Yes – police may arrest **without a warrant**
* **Bailable**: ✅ Yes – the accused is **entitled to bail**
* **Tried by**: Any **Magistrate** ([bprd.nic.in][3], [lawrato.com][2])
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## 🛡️ Legal Rationale & Context
* Located within **Chapter XV** which deals with public health, safety, convenience, decency, and morals ([indianlawhub.com][4]).
* Designed to uphold **public decency** by penalizing intentional or reckless offensive behavior in shared spaces.
* Replaces the older IPC Section 294, retaining similar language but updated in structure and statutory context ([lawrato.com][2]).
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## 📚 Real‑World Example
Recently, the **Indore Municipal Corporation (IMC)** filed an FIR under **Section 296 BNS** against a man who created an Instagram reel using "abusive comments" about civic authorities during a public traffic operation—citing this section for obscene speech in a public contHere’s a refined overview of Section 296 of the Bharatiya Nyaya Sanhita (BNS), 2023:
📜 Section 296 – Obscene Acts and Songs in Public
Offence Defined:
A person commits an offence if they, to the annoyance of others:
Perform an obscene act in a public place, or
Sing, recite, or utter any obscene song, ballad, or words, in or near a public place (sudhirrao.com).
⚖️ 📋 Punishment, Cognizability, Bailability
Imprisonment: Up to 3 months (simple or rigorous)
Fine: Up to ₹1,000
Or both (lawrato.com).
Cognizable: ✅ Yes – police may arrest without a warrant
Bailable: ✅ Yes – the accused is entitled to bail
Tried by: Any Magistrate (bprd.nic.in, lawrato.com)
🛡️ Legal Rationale & Context
Located within Chapter XV which deals with public health, safety, convenience, decency, and morals (indianlawhub.com).
Designed to uphold public decency by penalizing intentional or reckless offensive behavior in shared spaces.
Replaces the older IPC Section 294, retaining similar language but updated in structure and statutory context (lawrato.com).
📚 Real‑World Example
Recently, the Indore Municipal Corporation (IMC) filed an FIR under Section 296 BNS against a man who created an Instagram reel using "abusive comments" about civic authorities during a public traffic operation—citing this section for obscene speech in a public context (sudhirrao.com).
✅ Summary Table
| Feature | Details |
|---|---|
| Offence | Obscene acts/songs in public causing annoyance |
| Imprisonment | Up to 3 months |
| Fine | Up to ₹1,000 |
| Cognizable | Yes |
| Bailable | Yes |
| Tried by | Any Magistrate |
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