Let’s start with a real scenario: Rajesh is sitting in a busy park when a man suddenly starts shouting offensive and vulgar songs that make families feel deeply uncomfortable. Another person nearby performs indecent gestures in front of children. Both actions violate Section 296 BNS — the law that keeps our public spaces safe and dignified.
What exactly is Section 296?
It’s the rule that stops people from doing obscene acts or singing dirty songs in public places. Before July 1, 2024, this was covered under Section 294 of the Indian Penal Code (IPC). Now, the Bharatiya Nyaya Sanhita (BNS), 2023 has taken its place with clearer language and better definitions.
Here’s the quick answer: Section 296 BNS punishes anyone who does obscene acts or speaks/sings obscene words in public with up to 3 months in jail, a fine of ₹1,000, or both. The offence must cause annoyance to others to be illegal. It is meant to maintain public decency, not to police morality unnecessarily.
Quick Q&A (At a Glance)
- What is BNS Section 296? It is a provision that criminalizes obscene acts or songs in public places that cause annoyance to the public.
- What was the old IPC equivalent? This section replaces Section 294 of the Indian Penal Code (IPC).
- Is it a serious crime? It is a minor offense, but it allows the police to arrest you without a warrant (Cognizable). However, you have the right to be released on bail immediately (Bailable).
What Acts Are Covered Under Section 296?
For an act to be considered a crime under this section, it must meet specific criteria. The law divides this into two parts. This is often searched for as 296(a) and 296(b) BNS.
1. The Obscene Act (Section 296(a))
An obscene act means any behavior that’s indecent, vulgar, or sexually inappropriate. This includes:
- Public nudity or exposing private body parts intentionally
- Lewd or indecent gestures (especially in front of women or children)
- Sexual activities or simulating them in public
- Inappropriate touching or flashing
Example 1: Vikram removes his clothes in the middle of a crowded market. He’s directly breaking Section 296. Why? Because he’s doing an obscene act in a public place where families and children are present.
2. The Obscene Song (Section 296(b))
This covers speaking, singing, or reciting anything with vulgar, sexually explicit, or morally offensive language. This includes:
- Singing songs with dirty lyrics in buses or streets
- Reciting vulgar poetry or passages to annoy people
- Shouting obscene words or abusive language in public
- Making inappropriate jokes that demean or sexually offend others
Example 2: Akshay sings extremely vulgar and sexually explicit songs on a local train where women and children are traveling. Multiple passengers complain. Akshay can be arrested under Section 296 BNS.
The “Secret Sauce”: Annoyance
This is the most important part. Just doing something “obscene” isn’t enough. The act must cause annoyance to others. If two people are kissing in a park and no one is bothered, courts have often ruled that it does not fall under this section.
Punishment for BNS Section 296
If a person is found guilty under this section, the punishment is relatively light compared to other crimes.
Note: The fine amount is specifically capped at ₹1,000 in the BNS, which provides more clarity than the old law.
Is It Bailable? Cognizable? What Court Tries It?
Here’s what every accused and victim should know:
Plain English: You won’t see police arresting someone on the streets for Section 296 unless there’s a clear complaint from the public or a specific witness. But once arrested, they’ll get bail easily.
Old Law vs. New Law: What Changed?
The shift from Section 294 IPC to Section 296 BNS was part of India’s criminal law modernization. Here’s what’s the same and what’s different:
| Aspect | Old Law (Section 294 IPC) | New Law (Section 296 BNS) | What Changed? |
| Offence | Obscene acts & songs in public causing annoyance | Obscene acts & songs in public causing annoyance | Same basic rule |
| Punishment | Up to 3 months jail + fine up to ₹1,000 | Up to 3 months jail + fine up to ₹1,000 | Identical |
| Nature | Bailable & Non-cognizable | Bailable & Non-cognizable | Same status |
| Language | Older, less clear wording | Modernized, clearer language | Better for courts |
| Scope | Physical acts & oral utterances | Physical acts & oral utterances (including digital broadcasts in some cases under related IT laws) | Slightly broader interpretation |
The Bottom Line: The punishment hasn’t changed, but the law is now clearer and easier to understand. Courts can apply it better.
Police Procedure: What Happens?
If someone reports an offense under BNS Section 296, here is the usual process:
- Complaint: A bystander or police officer files a complaint stating that an act caused them annoyance.
- FIR: Since it is cognizable, the police register an FIR.
- Arrest: The police can arrest the accused on the spot.
- Bail: The accused is informed that the offense is bailable. Upon furnishing bail bonds (paperwork guaranteeing they will appear in court), they are released from the station.
- Charge Sheet: The police investigate and file a charge sheet in the Magistrate’s court.
Who Can File a Complaint?
Technically, anyone can report a crime. However, for BNS 296, the complainant usually needs to be someone who was actually present and annoyed by the act.
- The Public: People in the park, on the bus, or on the street.
- The Police: A police officer on patrol can also be the complainant if they witness the act causing nuisance.
If You Are Accused: Practical Steps
Facing a police case is stressful. Here is what you should do:
- Stay Calm: Do not resist or fight with the police. This is a minor offense.
- Demand Bail: inform the police that you know 296 BNS is bailable. They are duty-bound to release you if you arrange a surety.
- Check the FIR: Ensure the FIR mentions exactly what “annoyance” was caused.
- Contact a Lawyer: Even though it’s a small case, a lawyer helps ensure the police don’t add harsher charges.
When This Law Might NOT Apply
Section 296 doesn’t catch everyone doing everything. Here are situations where it might not apply:
1. No Annoyance Caused
If nobody actually felt annoyed or bothered, the law doesn’t apply. For example, if someone sings a slightly suggestive song in their private home office (even with windows open) and no one complains, it’s harder to prosecute.
2. Reasonable Mistake
If you didn’t know your words or acts were obscene, courts might show leniency. For example, if you’re acting in a play and made a gesture you thought was acceptable.
3. Private Spaces
Doing obscene acts in truly private spaces (locked rooms, closed bathrooms) is not Section 296. But if others can see you (open windows, glass doors), it counts.
4. Artistic or Educational Context
Courts recognize that theater, dance, or educational content might include partial nudity or mature language. Context matters. A nude scene in a classically approved film isn’t Section 296.
5. Lack of Evidence
Without witness statements or recordings, proving “annoyance” becomes difficult.
6. Prior Consent
If everyone present actually consented to or expected such behavior (like at a private adult party), the offence might not stand.
Real-Life Stories: How the Law Works
Story 1: The Public Park Incident
What happened: Suresh, 28, started singing extremely vulgar songs in a public park early morning. A group of joggers and parents with children were around. They complained to police immediately.
Police action: Police registered an FIR under Section 296 BNS. Suresh was called to the station.
Result: Suresh was arrested but released on bail within 2 hours. He appeared in court, received a ₹500 fine, and a warning. The Magistrate noted he had no prior record and the act was on impulse.
Lesson: Quick bail + minor punishment for first offenders.
Story 2: The Public Transport Incident
What happened: Priya was traveling on a Delhi Metro train when a man started making obscene gestures and comments to her and other women. Multiple women complained and other passengers helped catch him.
Police action: The man was arrested under Section 296 BNS along with Section 51 (outraging modesty).
Result: He got bail but faced stricter conditions. He had to report to police weekly and couldn’t visit metro stations for 2 months. The court case is ongoing.
Lesson: Repeat offenders or those targeting women face harsher bail conditions.
Important Case Laws You Should Know
1. Pawan Kumar v. State of Haryana, AIR 1996 SC 3300
What the court said: The Supreme Court clearly identified that three things must exist for Section 296 (old 294) to apply:
- The person must do an obscene act OR sing obscene words
- It must be in public or near-public space
- It must cause actual annoyance to others
Why it matters: This landmark case means courts won’t prosecute just based on suspicion. They need real evidence of annoyance.
2. Recent High Court Cases (2024-2025)
In Madhya Pradesh High Court (2025), a case was registered under Section 296 BNS along with other offences. The court held that:
- Even if someone commits Section 296, police must have proper grounds for arrest
- Bail is automatic for first-time offenders
- The “annoyance” must be from a reasonable person’s perspective, not just individual opinion
Why it matters: Courts are becoming stricter about police conduct and more protective of bail rights.
Frequently Asked Questions (FAQ)
Q1: Is BNS Section 296 Bailable or Non-Bailable?
Answer: Section 296 BNS is bailable. The accused has an absolute right to bail. Police must release them on bail at the station itself if bail conditions are met. No court hearing is needed for bail in most cases. The accused can also apply for judicial bail in court if police refuses. Once bail is granted, the person can be released within hours.
Q2: What Exactly is “Section 296 of BNS”?
Answer: Section 296 of the Bharatiya Nyaya Sanhita, 2023, is the law against doing obscene acts or singing obscene songs in public places. “Obscene” means indecent, vulgar, or sexually inappropriate. The person must do this “to the annoyance of others” for it to be illegal. The punishment is up to 3 months jail, a fine of up to ₹1,000, or both. It applies to public places where many people gather or pass through, like parks, buses, markets, and streets.
Q3: Is BNS 296 Cognizable or Non-Cognizable?
Answer: Section 296 BNS is non-cognizable. This means police cannot arrest someone without a formal written complaint from a victim or witness. Police cannot conduct surveillance or make arrests on suspicion alone. A citizen must file a complaint at the police station first. After the complaint is registered, police can investigate and proceed. This is different from cognizable offences where police can arrest without permission.
Q4: What is the Difference Between IPC Section 294 and BNS Section 296?
Answer: Section 294 IPC and Section 296 BNS cover the same offence — obscene acts and songs in public causing annoyance. The punishment is identical: up to 3 months jail + ₹1,000 fine. The nature (bailable and non-cognizable) is also the same. The main difference is that BNS uses modern, clearer language and the law was re-codified in 2023. Think of it as the same old law written in a better way. All old cases under Section 294 are still valid; they’re just referred to as Section 296 now.
Q5: What Should I Do If I’m Accused of Obscene Acts Under Section 296?
Answer: Stay calm and take these steps: (1) Don’t resist — cooperate with police peacefully. (2) Know your rights — you have the right to bail. (3) Don’t speak without a lawyer — remain silent or say minimal. (4) Ask for bail immediately — it’s your legal right. (5) Contact a lawyer — even a junior lawyer can help quickly. (6) Gather witnesses — people who can prove you didn’t cause annoyance or that the act was misunderstood. (7) Be patient — Section 296 cases usually get resolved quickly with bail or discharge.
Final Takeaway
Section 296 BNS protects public spaces by stopping obscene behavior that bothers ordinary people. It’s a minor offence designed to maintain public decency, not to ruin lives. If accused, remember three things:
- You have bail as a right — not everyone goes to jail
- Police need a complaint first — they can’t arrest on suspicion
- Context and evidence matter — courts look at facts, not just words
Whether you’re a law student studying this for exams, a citizen who witnessed something, or an accused person seeking answers, remember: the law exists to protect everyone’s right to dignified public spaces.
Related sections to explore: Section 294 IPC (old version), Section 67 Information Technology Act (digital obscenity), Section 351 BNS (criminal intimidation).
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For specific legal guidance on your case, consult a qualified lawyer or legal professional licensed to practice in your jurisdiction. The information here is based on law as of December 2025 and may change with new amendments or court decisions.
