BACK TO SECTIONSAIR 1986 SC 967
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original 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...
Simplified
Section 294 focuses on public conduct — the critical element being 'annoyance of others.' An act done in private would not attract this section. The provision covers both physical acts (indecent exposure, obscene gestures) and vocal acts (singing obscene songs, uttering obscene words in public). Courts have consistently held that merely crude or vulgar behaviour that nobody finds objectionable (because no one is around to annoy) does not satisfy the section. Section 294 is commonly invoked alongside Section 354/354A in cases of public sexual harassment, and alongside Section 509 for verbal sexual harassment.
Landmark Precedents
Samaresh Bose v. Amal Mitra (1986)
RELEVANCE
Distinguished obscene acts under Section 294 from artistic expression — annoyance of others must be objectively established, not merely assumed from the nature of the act.
Practical Scenarios
"Singing vulgar songs loudly at a bus stop to harass passengers — Section 294."
"Performing indecent acts in a public park — Section 294."
Common Queries
Courts have generally held that 'obscene acts' are those that are lascivious. Mere public displays of affection typically do not qualify unless they cross into explicitly sexual conduct that causes annoyance.