Section 294 - Obscene acts and Songs
Section 294 IPC states that “Whoever, to the annoyance of others-
- Does any obscene act in any public place, or
- Sings, recites or utters any obscene song, ballad 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."
For a brief understanding of sec 294 IPC, it is to be understood that what do the terms ‘obscene acts’ and songs mean.
As of now, the terms obscenity is not defined anywhere. However, the judiciary has tried to explain the meaning with the reference of many cases and facts. The term could be understood as it would suggest to the minds of the young or any person the thoughts of a most impure and lubricious character.
Say for an instance, the performance in a public place, like in a hotel or any restaurant of cabaret dance free from nudity and obscenity according to the standard of our country, are permissible and these kind of performances are not in any case liable to be banned or prevented.
Rather, to establish an offence under the purview of Sec 294 Indian Penal Code, there are some major ingredients that should be present in the act committed by the person. These includes:
The accused-
- Did some act,
- Either sang or recited or uttered any song or ballad;
- That such song, act or whatever the action was of the accused was obscene;
- That it was done in a public place
Section 294 Indian Penal Code has been substituted by Act 3 of 1895, section 3, for the original section.
Any offence committed under the ambit of IPC 294 is a Cognizable and bailable offence, punishment includes imprisonment for 3 months and fine may also be imposed on the person, depending upon the nature and gravity of the offence committed.
These offences are non-compoundable in nature and can be tried by any Magistrate.
Whereas, the other part, that is section 294 A IPC deals with Keeping Lottery Office.
As defined, section 294A states that, “whoever keeps any office or place for the purpose of drawing any lottery (not being [a state lottery] or a lottery authorised by the [State] Government) shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both."
And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.
Section 294A IPC is divided into two paras. The punishment for both of them differs in respective terms. This section prohibits the keeping of any kind of lottery office for the purpose of drawing any lottery or etc. and provides punishment of imprisonment that may extend to a period of six months or fine or both. These offences are non-cognizable as well as bailable, triable by any Magistrate.
Where on the other hand, the lottery is treated in the same manner as that of gambling. This is so because, a lottery simply is a distribution of prizes by luck or chance, without using any kind of specific skills or techniques.
This section also makes an exception in favour of the State-owned or sponsored lotteries. Similarly, transactions which require an application of some skills to win a prize are not attracted by section 294A of the Indian Penal Code.
To establish an offence under section 294A, following ingredients must be present:
- The accused kept an office or place for the purpose of drawing lottery;
- Such lottery was not authorised by the Government;
- Such a proposal was to pay a sum to deliver some goods or to do or forbear from doing anything for the benefit of any person on any event.
A person proved guilty under the other part of section 294A is liable to pay fine of Rs. 1,000. An offence committed is bailable and non-cognizable, triable by any Magistrate.
