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.
Simplified Explanation
Section 295 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with the sale, distribution, and exhibition of obscene objects to children. The section is specifically aimed at protecting minors from exposure to obscene materials.
Detailed Explanation of Section 295
1. Acts Prohibited by Section 295:
This section criminalizes the following actions when committed towards a child:
- Selling obscene objects (as defined under Section 294) to a child.
- Letting to hire obscene objects to a child.
- Distributing or exhibiting any obscene object to a child.
- Circulating any obscene object to a child.
- Offering or attempting to do any of the above actions with respect to a child.
The term “obscene objects” here refers to materials that are lascivious or appeal to prurient interests, as defined in Section 294.
2. Punishments for Offense:
- First Conviction:
- Imprisonment: The offender may be sentenced to up to 3 years imprisonment.
- Fine: A fine of up to 2,000 rupees may be imposed.
- Second or Subsequent Conviction:
- Imprisonment: The offender may be sentenced to up to 7 years imprisonment.
- Fine: A fine of up to 5,000 rupees may be imposed.
This gradual increase in punishment reflects the seriousness with which such offenses are viewed, particularly when a child is involved.
3. Purpose of Section 295:
The primary objective of this section is to:
- Protect children from exposure to materials that may corrupt or deprave their moral and psychological development.
- Prevent the distribution and exhibition of obscene content, which may negatively influence a child’s development, potentially leading to harmful behaviors.
- Establish a strong deterrent against those who attempt to exploit minors by exposing them to inappropriate content.
4. Examples of Offenses Under Section 295:
- Example 1: A person is caught selling pornographic magazines to a child. The seller would be guilty under this section and may face imprisonment and a fine.
- Example 2: A website or a vendor distributes explicit materials to minors, knowing that the content is obscene. The distributor could be punished under this section.
- Example 3: A person advertises or promotes obscene materials specifically aimed at children. This could lead to punishment under Section 295.
5. Conclusion:
Section 295 is a critical provision for safeguarding children from harmful content. It ensures that anyone attempting to sell, distribute, or exhibit obscene materials to minors faces significant legal consequences. By imposing stricter penalties for repeat offenses, it aims to deter such illegal activities and protect the well-being of young people from exposure to inappropriate content that could affect their mental and emotional development.
