Whoever, to the annoyance of others—
(a) does any obscene act in any public place; or
(b) sings, recites, or utters any obscene song, ballad, or words, in or near any public place,
shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Simplified Explanation
Section 296 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses obscene acts and songs that are committed in public spaces and cause annoyance to others. This section aims to maintain public order and decency, particularly by regulating behavior that might disturb or offend the general public.
Detailed Explanation of Section 296
1. Acts Prohibited by Section 296:
This section criminalizes two specific types of conduct when done in public places or in the vicinity of public places:
- Obscene Acts: If a person performs any act deemed obscene (as defined by law) in a public place to the annoyance of others.
- Obscene Songs or Words: If a person sings, recites, or utters any obscene song, ballad, or words in or near a public place, causing annoyance to others.
2. Punishments for Offense:
The punishments for committing an offense under this section are:
- Imprisonment: The offender may face up to three months imprisonment.
- Fine: A fine of up to 1,000 rupees can be imposed.
- Both: The offender may also face both imprisonment and fine, depending on the circumstances.
3. Purpose of Section 296:
The primary aim of this section is to:
- Preserve public decency: Prevent the public display of obscene behavior or offensive language that may disrupt social harmony or disturb the peace of others.
- Protect individuals from public nuisance: Safeguard people, especially those who might be uncomfortable or offended, from exposure to obscene acts or language in public settings.
- Ensure respectful public spaces: Promote civil behavior and discourage acts that may harm the moral fabric of society.
4. Examples of Offenses Under Section 296:
- Example 1: A person performing an obscene act (such as public indecency) in a busy marketplace or on a street, which causes discomfort or offense to bystanders, could be punished under this section.
- Example 2: Someone singing an explicit song or uttering offensive language near a public gathering (like a park or a busy street) in a manner that causes annoyance to others could also be guilty of an offense under Section 296.
5. Key Points:
- The act or words must be obscene and cause annoyance to others.
- The offense must occur in a public place or near a public place, which means that private spaces are not covered by this section unless the act can be deemed a public nuisance.
- The section is designed to maintain social harmony by ensuring that public spaces are free from offensive or disruptive behavior.
6. Conclusion:
Section 296 serves to protect the public from inappropriate or offensive behavior in communal spaces. It is meant to deter individuals from engaging in acts that could disrupt the peace or offend others, ensuring that public spaces remain respectful and free from nuisance. The section provides clear punishments for such offenses, emphasizing the importance of maintaining public decorum.
