KembaraXtra - Bharatiya Nyaya Sanhita - Section 295: Sale, etc., of Obscene Objects to Child

Q1. What does Section 295 of the Bharatiya Nyaya Sanhita deal with?

Answer:

Section 295 of the Bharatiya Nyaya Sanhita, 2023 (BNS) specifically protects a child from being supplied, shown or exposed to the obscene objects referred to in Section 294.

It punishes a person who:

• Sells;
• Lets to hire;
• Distributes;
• Exhibits; or
• Circulates

such an obscene object to any child.

The provision also expressly covers a person who offers or attempts to do any of those acts.

Section 295 therefore provides enhanced protection to children against obscene material and imposes a more severe punishment for repeat offenders.

Basic Formula

Obscene object under Section 294 + prohibited dealing + child = Section 295

Q2. Which IPC provision corresponds to Section 295 BNS?

Answer:

According to the supplied comments:

Section 295 BNS → Section 293 IPC

The basic substance of the offence has been retained, but the terminology has been modernised.

The supplied comments identify three important drafting changes:

1.     “Young person” in the marginal note has been replaced by “child.”

2.     “Person under the age of twenty years” has been replaced by “child.”

3.     “Last preceding section” has been replaced by the specific reference “Section 294.”

Q3. What is the object of Section 295?

Answer:

The object of Section 295 is to give special protection to children against obscene objects.

Section 294 deals generally with obscene objects. Section 295 strengthens that protection where the recipient or person exposed to the material is a child.

The law therefore treats the involvement of a child as a more serious situation requiring specific criminal protection.

Memory Rule

Section 294 = Obscene objects generally

Section 295 = Obscene objects supplied or shown to a child

Q4. How does Section 295 relate to Section 294?

Answer:

Section 295 expressly refers to:

“any such obscene object as is referred to in section 294.”

Therefore, Section 295 does not create an entirely separate concept of obscenity.

Instead:

1.     Identify whether the object is an obscene object contemplated by Section 294.

2.     Determine whether the accused dealt with that object in one of the ways prohibited by Section 295.

3.     Determine whether the recipient was a child.

Simple Formula

Section 294 object + child recipient = Section 295 protection

Q5. What are the essential ingredients of Section 295?

Answer:

The principal ingredients are:

1.     There must be an obscene object of the kind referred to in Section 294.

2.     The accused must:

o    Sell;

o    Let to hire;

o    Distribute;

o    Exhibit; or

o    Circulate the object,

or offer or attempt to do so.

3.     The prohibited conduct must be directed to a child.

Where these ingredients are established, Section 295 may apply.

Q6. What kinds of conduct are expressly prohibited by Section 295?

Answer:

The section covers a broad range of dealings with obscene objects.

The accused may be liable if he:

Sells

Transfers the obscene object to a child by way of sale.

Lets to hire

Provides the obscene object to a child temporarily in return for hire.

Distributes

Supplies or disseminates the obscene object to a child.

Exhibits

Shows or displays the obscene object to a child.

Circulates

Causes the obscene object to pass or be disseminated to a child.

The section additionally covers:

Offers

An offer to engage in the prohibited conduct.

Attempts

An attempt to engage in such conduct.

Q7. Is an actual completed sale necessary?

Answer:

No.

The offence is much broader than a completed commercial sale.

The section covers:

• Sale;
• Hire;
• Distribution;
• Exhibition;
• Circulation;
• Offer; and
• Attempt.

Therefore, liability is not restricted to situations where money has actually changed hands.

Q8. Can giving an obscene object to a child without charging money fall within Section 295?

Answer:

Potentially yes.

The provision does not deal only with selling.

It also expressly covers distribution and other forms of dealing.

Therefore, the absence of payment does not automatically prevent Section 295 from applying.

Q9. What does “sells” mean in the context of Section 295?

Answer:

It refers to providing the obscene object to a child through a sale transaction.

For example, if A sells an obscene object falling within Section 294 to a child, the conduct may fall within Section 295.

Q10. What does “lets to hire” mean?

Answer:

It covers situations where the obscene object is supplied temporarily on hire rather than permanently sold.

Thus, the law cannot be avoided merely because the child is only given temporary access to the object.

Memory Point

Sale = permanent commercial transfer

Hire = temporary commercial access

Both are covered.

Q11. What does “distributes” mean?

Answer:

Distribution concerns supplying or disseminating the obscene object.

The expression makes clear that the offence is not confined to shopkeepers or formal sellers.

A person who distributes obscene objects to children may also fall within Section 295.

Q12. What does “exhibits” mean?

Answer:

Exhibition involves showing or displaying the obscene object to the child.

This is important because Section 295 does not require the child to obtain permanent possession of the material.

The prohibited exposure itself may fall within the section.

Q13. What does “circulates” mean?

Answer:

Circulation refers to causing the obscene object to be passed, disseminated or made available in circulation.

Thus, Section 295 is drafted broadly enough to cover several ways in which obscene objects may reach children.

Q14. Why are “offers” and “attempts” specifically important?

Answer:

The section does not require every prohibited transaction to be successfully completed.

It expressly states:

“or offers or attempts so to do.”

Therefore, the protective reach of the section begins before successful completion.

Memory Rule

Completed act not always necessary — OFFER and ATTEMPT are expressly covered.

Q15. Give an example of an offer under Section 295.

Answer:

Suppose A possesses an obscene object referred to in Section 294 and offers to sell it to a child.

Even if the child refuses to purchase it, the express wording relating to an offer may bring A's conduct within Section 295.

Q16. Give an example of an attempt under Section 295.

Answer:

Suppose A attempts to distribute an obscene object to a child but the object is intercepted before reaching the child.

Because Section 295 expressly includes an attempt, successful delivery is not necessarily required.

Q17. Who receives special protection under Section 295?

Answer:

The protected person is a child.

This is one of the important changes in terminology under the BNS.

The corresponding IPC provision referred to a:

“person under the age of twenty years.”

The BNS substitutes this with the term:

“child.”

Q18. What change was made to the marginal note?

Answer:

According to the supplied comments, the IPC marginal note used the expression:

“young person.”

Under the BNS, this has been substituted with:

“child.”

Accordingly:

IPC terminology → young person

BNS terminology → child

Q19. What happened to the old phrase “person under the age of twenty years”?

Answer:

It has been replaced by the single statutory term:

“child.”

This is an important drafting change to remember when comparing Section 295 BNS with Section 293 IPC.

Q20. What happened to the phrase “last preceding section”?

Answer:

The older expression:

“last preceding section”

has been replaced by the more direct reference:

“Section 294.”

This makes the cross-reference explicit.

Memory Point

Old wording → last preceding section

BNS → Section 294

Q21. Why is Section 294 important when studying Section 295?

Answer:

Because Section 295 does not operate in isolation.

The obscene object must be one of the kinds of obscene objects referred to in Section 294.

Therefore, Section 294 provides the underlying subject matter, while Section 295 provides enhanced protection where such material is dealt with in relation to a child.

Q22. Is Section 295 limited to physical transfer of the obscene object?

Answer:

No.

The inclusion of “exhibits” shows that actual transfer or possession by the child is not always necessary.

Showing the obscene object to the child may itself fall within the prohibited conduct.

Q23. Is commercial profit an essential ingredient?

Answer:

Not on the wording supplied.

Although selling and letting to hire involve commercial dealings, Section 295 also covers:

• Distribution;
• Exhibition;
• Circulation;
• Offers; and
• Attempts.

Thus, the section is broader than commercial sale for profit.

Q24. Give a simple example of Section 295.

Answer:

A knowingly sells to a child an obscene object falling within Section 294.

The relevant elements are:

• Obscene object;
• Sale;
• Child.

If established, Section 295 may apply.

Q25. Give an example involving exhibition rather than sale.

Answer:

A does not sell or give an obscene object to a child but deliberately exhibits the object to the child.

Because exhibition is independently mentioned in the provision, the absence of a sale does not by itself prevent liability.

Q26. Give an example involving distribution.

Answer:

A distributes obscene objects falling within Section 294 to several children without demanding payment.

The conduct may fall within Section 295 because distribution to a child is expressly prohibited.

Q27. What is the punishment for a first conviction under Section 295?

Answer:

For a first conviction, the offender may be punished with:

• Imprisonment of either description for a term which may extend to three years; and
• Fine which may extend to ₹2,000.

The wording uses “and with fine.”

First Conviction Formula

Up to 3 years + fine up to ₹2,000

Q28. What is the punishment for a second or subsequent conviction?

Answer:

For a second or subsequent conviction, the punishment becomes more severe:

• Imprisonment of either description for a term which may extend to seven years; and
• Fine which may extend to ₹5,000.

Repeat Conviction Formula

Up to 7 years + fine up to ₹5,000

Q29. Why is the punishment higher for repeat offenders?

Answer:

The section adopts an escalating punishment structure.

A first conviction attracts a lower maximum punishment, while a second or subsequent conviction attracts substantially higher imprisonment and fine.

This reflects the more serious treatment of repeated involvement in supplying or exposing children to obscene objects.

Q30. What is the easiest way to remember the punishment structure?

Answer:

Remember:

FIRST

3 years + ₹2,000

REPEAT

7 years + ₹5,000

Memory Formula

FIRST = 3 + 2

REPEAT = 7 + 5

where:

• 3 = maximum years for first conviction;
• 2 = ₹2,000 maximum fine;
• 7 = maximum years for subsequent conviction;
• 5 = ₹5,000 maximum fine.

Q31. What is the classification of Section 295?

Answer:

According to the supplied classification, Section 295 is:

• Cognizable
• Bailable
• Triable by any Magistrate

Classification Formula

Cognizable + Bailable + Any Magistrate

Q32. What must the prosecution broadly establish?

Answer:

The prosecution must broadly establish:

1.     The relevant material was an obscene object of the kind referred to in Section 294.

2.     The accused engaged in one of the prohibited acts:

o    Selling;

o    Letting to hire;

o    Distributing;

o    Exhibiting;

o    Circulating;

o    Offering; or

o    Attempting.

3.     The conduct was directed to a child.

Q33. How is Section 295 different from Section 294?

Answer:

The supplied comments describe Section 295 as enhancing the protection provided by Section 294.

Section 294

Deals generally with obscene objects and the prohibited dealings specified there.

Section 295

Specifically deals with such obscene objects where the prohibited dealing is directed to a child.

Thus:

294 = General protection against obscene objects

295 = Enhanced protection of children

Q34. How is Section 295 different from Section 296?

Answer:

The two provisions concern obscenity but operate differently.

Section 295

Focuses on:

• Obscene objects referred to in Section 294;
• Sale, hire, distribution, exhibition or circulation;
• A child as the specially protected recipient.

Section 296

Focuses on:

• Obscene acts in a public place; or
• Obscene songs, ballads or words in or near a public place;
• Annoyance to others.

Memory Rule

295 = OBSCENE OBJECT + CHILD

296 = OBSCENE ACT/SONG + PUBLIC PLACE + ANNOYANCE

Q35. Is “annoyance to others” an ingredient of Section 295?

Answer:

No such requirement appears in the supplied wording of Section 295.

The requirement of annoyance to others belongs to Section 296.

This is an important distinction.

Section 295

Focus = child + obscene object

Section 296

Focus = public obscenity + annoyance

Q36. Is a public place an essential ingredient of Section 295?

Answer:

No.

Unlike Section 296, Section 295 does not state that the conduct must occur in or near a public place.

Its special concern is the dealing in obscene objects to a child.

Exam Trap

Do not import the public place requirement of Section 296 into Section 295.

Q37. What is the significance of the word “any” before child?

Answer:

The section broadly states “to any child.”

For study purposes, the protection is directed generally to children rather than to a particular category of child.

Q38. Does Section 295 punish only completed offences?

Answer:

No.

This is an important examination point.

The section expressly covers:

• Completed sale;
• Completed hire;
• Completed distribution;
• Completed exhibition;
• Completed circulation;

as well as:

• Offer; and
• Attempt.

Memory Rule

Section 295 protects the child before the transaction is even completed.

Q39. What is the central policy behind the section according to the supplied comments?

Answer:

The supplied comments explain that Section 295 strengthens the general protection against obscene materials by providing specific protection to children.

The provision also prescribes harsher punishment, particularly where the offender commits the offence repeatedly.

Key Provisions (Study Notes)

Nature of Section 295

Section 295 is a child-protection provision concerning obscene objects.

It operates by reference to the obscene objects described in Section 294.

Protected Person

The protected person is:

A CHILD

This replaces the older IPC terminology referring to:

• “Young person”; and
• “Person under the age of twenty years.”

Protected Subject Matter

The subject matter must be:

An obscene object referred to in Section 294

Therefore:

Section 294 defines the relevant obscene-object framework

and

Section 295 provides enhanced protection when a child is involved

Prohibited Conduct

Remember the seven forms:

1. Sell

2. Let to hire

3. Distribute

4. Exhibit

5. Circulate

6. Offer

7. Attempt

Memory Chain

SELL → HIRE → DISTRIBUTE → EXHIBIT → CIRCULATE → OFFER → ATTEMPT

Punishment

First Conviction

Imprisonment up to 3 years + fine up to ₹2,000

Second or Subsequent Conviction

Imprisonment up to 7 years + fine up to ₹5,000

The repeat offence therefore carries substantially enhanced punishment.

Classification

Section 295 is:

Cognizable

Bailable

Triable by any Magistrate

IPC Equivalent and Drafting Changes

IPC Equivalent

Section 293 IPC

Change 1

“Young person” → “Child”

Change 2

“Person under the age of twenty years” → “Child”

Change 3

“Last preceding section” → “Section 294”

Sections 294–296: Conceptual Sequence

These three provisions can be remembered together.

Section 294

Think:

OBSCENE OBJECTS GENERALLY

This provides the underlying framework concerning obscene objects.

Section 295

Think:

OBSCENE OBJECT + CHILD

It provides enhanced protection where obscene objects are sold, hired, distributed, exhibited or circulated to children, including offers and attempts.

Section 296

Think:

OBSCENE PUBLIC CONDUCT

It deals with:

• Obscene acts in public places; and
• Obscene songs, ballads or words in or near public places,

where annoyance is caused to others.

Quick Revision Notes

Section

295 BNS

Title

Sale, etc., of obscene objects to child

IPC Equivalent

Section 293 IPC

Underlying Section

Section 294 BNS

Protected Person

Child

Acts Covered

Sell, hire, distribute, exhibit, circulate, offer or attempt.

First Conviction

Up to 3 years + fine up to ₹2,000

Second/Subsequent Conviction

Up to 7 years + fine up to ₹5,000

Classification

Cognizable + Bailable + Any Magistrate

Exam Problem Approach

When confronted with a problem under Section 295, ask:

Question 1

Is the material an obscene object referred to in Section 294?

Question 2

Did the accused:

• Sell;
• Let to hire;
• Distribute;
• Exhibit;
• Circulate;
• Offer; or
• Attempt to do so?

Question 3

Was the prohibited conduct directed to a child?

Question 4

Is this the offender's first conviction or a second/subsequent conviction?

The final question determines the applicable punishment range.

Ultimate Memory Formula

SECTION 295

OBSCENE OBJECT UNDER SECTION 294

+

SELL / HIRE / DISTRIBUTE / EXHIBIT / CIRCULATE

OR

OFFER / ATTEMPT

+

CHILD

= SECTION 295

Punishment Memory Formula

FIRST CONVICTION

3 YEARS + ₹2,000

SECOND OR SUBSEQUENT CONVICTION

7 YEARS + ₹5,000

Key Takeaway

Section 295 BNS gives special protection to children against the obscene objects referred to in Section 294.

Its scope is deliberately broad. The accused need not merely sell the object. Liability may arise from:

Selling, hiring, distributing, exhibiting, circulating, offering or attempting.

The BNS modernises the terminology of the corresponding Section 293 IPC by replacing references to a “young person” or “person under the age of twenty years” with the term “child”, and by replacing the indirect reference to the preceding provision with the express reference to Section 294.

For rapid revision:

294 = OBSCENE OBJECTS GENERALLY

295 = OBSCENE OBJECTS + CHILD

296 = OBSCENE ACTS/SONGS + PUBLIC PLACE + ANNOYANCE

And the simplest Section 295 formula is:

OBSCENE OBJECT + CHILD + PROHIBITED DEALING = SECTION 295