SECTION 294 OF INDIAN PENAL CODE

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SECTION 294
INDIAN
PENAL
CODE
[Rounak Lahiri, B.A.LLB.]

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Section 294 IPC:
Obscene Act acts and songs-
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 or
with both.
[If a person does an obscene act in public,
recites or utters obscene words to annoy and
torture a person in public, is punishable under
the law. The offender would be booked under

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section 294 of the Indian Penal Code and
would be liable for an imprisonment up to
three months or with a fine or both].
(The offence is cognizable, bailable and non-
compoundable and triable by any Magistrate).
Meaning and Definition of obscene acts and
songs:
As regards the meaning and definition of ‘public
decency and morality’ is concerned, it is very
difficult to give any precise and particular
definition in view of cultural, religious and social
diversity in the society. It varies from place to
place, country to country and from time to time.
For instance, in September,2005 an Israeli
couple was arrested under Section 294 IPC
for kissing in public after they had been

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married the Hindu way at Pushkar Ghat in
Rajasthan. A fortnight later, a magistrate
slapped a fine of Rs.500/- on ‘Alone and Sally’
for committing ‘an act of indecency’. On the
other hand, had the case been in any western
country, it would not have attracted the penal
sanction being a lawful act.
What is interesting is that the most critical element of this
provision, obscenity, is not defined. Which means that
whether or not a couple kissing in a public place is an
“obscene act" is entirely a matter of interpretation.
Ingredients:
(1) The accused-
(a) did some act;
(b) sang, recited or uttered any song or
ballad;
(2) That such act, singing etc. was obscene;
(3) That it was done in public place; and
(4) It caused annoyance to others.

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In a recent case of April, 2005 the Bombay High
Court quashed the proceedings against a dance bar
owner rulling that section 294 IPC would be
attaracted only when annoyance in caused to others.
The Court said:
‘Adult people, who pays and attends a
cabaret show in a hotel runs the risk of
being annoyed by the obscenity.
The Performance in a public place, such
as hotel or restaurant or cabaret dance
devoid of nudity and obscenity judged
according to the standards of our
country, is permissible and is not in any
way liable to be banned or prevented.’
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