Section 294 of the
Indian Penal Code
The Indian Penal Code (IPC) is the official criminal code of India. It is a comprehensive code intended to cover all substantive aspects of criminal law. The code was drafted on the recommendations of first law commission of India established ...
lays down the punishment for
obscene
An obscenity is any utterance or act that strongly offends the prevalent morality of the time. It is derived from the Latin ''obscēnus'', ''obscaenus'', "boding ill; disgusting; indecent", of uncertain etymology. Such loaded language can be us ...
acts or words in public. The other sections of Indian Penal code which deal with obscenity are 292 and 293. The law does not clearly define what would constitute an obscene act, but it would enter the domain of the state only when it takes place in a public place to the annoyance of others. Temple art or nakedness of
sadhus
''Sadhu'' ( sa, साधु, IAST: ' (male), ''sādhvī'' or ''sādhvīne'' (female)), also spelled ''saddhu'', is a religious ascetic, mendicant or any holy person in Hinduism, Buddhism, and Jainism who has renounced the worldly life. The ...
are traditionally outside the purview of this section.
Text
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.
Case law
*Dismissing a complaint that
Richard Gere
Richard Tiffany Gere ( ; born August 31, 1949) is an American actor. He began in films in the 1970s, playing a supporting role in '' Looking for Mr. Goodbar'' (1977) and a starring role in ''Days of Heaven'' (1978). He came to prominence with ...
had acted obscenely by kissing
Shilpa Shetty
Shilpa Shetty Kundra (born Ashwini Shetty; Née Shetty; 8 June 1975) is an Indian actress who works mainly in Hindi-language films. Shetty made her screen debut in the thriller ''Baazigar'' (1993) which garnered her nominations for two Filmfa ...
in public,
the
Supreme Court of India
The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
had observed that in this issue 'no case was made out'.
*Even after this verdict, complaints have been filed in courts claiming that kissing in public constitutes an offense under this section.
were threatened with lawsuits under this section.
*The Kerala High Court had observed that the performance of cabaret dance devoid of nudity and obscenity, judged according to the standards indicated was permissible, and was not in any way liable to be banned or prevented.
*Quashing a case against 13 men who were arrested for allegedly indulging in obscene acts with women in a flat, the Bombay High Court has said any such action done in a private place is not a criminal offence under the Indian Penal Code.
Notes
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Sections of the Indian Penal Code
Obscenity law