Bharatiya Nyaya Sanhita, 2023
Section 295
Sale, etc., of obscene objects to child
, of obscene objects to child.—Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to
do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees.
Why this exists
This section recognises that children need extra legal protection from exposure to obscene material, so it sets stiffer punishments than the general obscenity offence when the victim is a child.
Common misconceptions
- Myth: The punishment is the same whether the obscene material is given to an adult or a child.
Fact: This section imposes a higher punishment specifically because the victim is a child, compared to the general obscenity offence.