Skip to main content

Sec 294

                                              Section 294 of IPC


Introduction


Obscenity is a global and complex issue because it is linked to other issues such as decency and morality, which differ from society to society. What is immoral for one person may not be immoral for another. In terms of the meaning and definition of obscenity, it is difficult to provide a precise and specific definition given the society’s cultural, religious, and social diversity. It is true that the definition of obscenity varies from time to time. What is obscene today should not be considered obscene in the future. Indian laws, as well as the Supreme Court, have been unable to precisely define obscenity. The Indian legal system, on the other hand, contains a number of statutes that deal with obscenity and how it is punished. One such law is Section 294 of the Indian Penal Code, 1860 (IPC). It is used to penalize people who commit indecent activities, songs, ballads, or words. According to the Section, anybody who does an obscene act in any public place, or specifically commits to things like reciting, singing, or uttering an obscene song, ballad, or words near or within any public place, shall be punished with imprisonment for a term up to 3 months, or a fine, or both.


Essential ingredients 

The following points can be identified as the essentials of Section 294:

  • Performing any obscene act in a public place, or 

  • Anyone sings, recite or utters any obscene song, ballad or words in or near any public place

  • An annoyance is caused to a particular person or people in general by such an act.

A person cannot be punished under this Section if all the above-mentioned essentials are not fulfilled. If even one of the factors is missing, the act or song will not qualify as obscene.


Nature of Section 294 IPC


Bailable offence

Bailable offences are offences that can be granted bail in their entirety; it is purely a matter of right, and the arrested person is released after bail is granted. It can be given by a police officer who is in the custody of the accused in the course of law. Section 294 of the Indian Penal Code provides for bail. When compared to non-bailable offences, bailable offences are comparatively less serious.

Cognizable offence

A cognizable offence is one in which a police officer may, under or in accordance with the law, arrest without a warrant, whereas a non-cognizable offence is one in which the police officer responsible for that case will have no authority to arrest the person involved without a warrant. They are regarded as less serious than cognizable offences, which include cases in which the Police are given the authority to arrest someone without a warrant. The violation of Section 294 of the Indian Penal Code is a cognizable offence.

Non-compoundable offence

Compoundable offences are those that can be compromised, i.e. the complainant can agree to withdraw the charges levied against the accused, whereas non-compoundable offences are those that cannot be compromised. Section 294 is non-compoundable in nature.
Labels:

Comments

Post a Comment

Popular posts from this blog

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting
4 comments
Read more

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla
12 comments
Read more

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more