Question 1

Has the definition of obscene changed in BNS?

Accepted Answer

No, the BNS uses the same language as the IPC, defining an object as obscene if it is lascivious or appeals to the prurient interest.

Question 2

What is the legal test for obscenity under Section 292/BNS 294?

Accepted Answer

Historically, the Hicklin Test (tendency to deprave and corrupt). India modified this in Ranjit Udeshi (1965) — courts now consider the overall effect of material and whether it has any redeeming social value. Modern courts apply a 'community standards' test balanced against the work's literary/artistic merit.

Question 3

Are artistic works protected from Section 292/BNS 294?

Accepted Answer

Yes — Section 292 has an explicit exception for works proved to be for the public good in the interest of science, literature, art, or learning. Courts assess whether genuine artistic merit outweighs potentially obscene elements.

Question 4

Does Section 292/BNS 294 apply to online content?

Accepted Answer

Yes — combined with IT Act Section 67 (publishing obscene electronic material — up to 3 years first offence, 5 years subsequent). Both IPC/BNS obscenity provisions and IT Act provisions can be charged simultaneously for online obscene content.

Public Obscenity: IPC 292/294 vs BNS 294/296

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Historical Context