What is Section 281 of the Bharatiya Nyaya Sanhita (BNS)?

leadindia400
Dec 30, 2025
3 min read

The Bharatiya Nyaya Sanhita, 2023 (BNS) is India’s new criminal law framework that replaces the Indian Penal Code, 1860 (IPC). One of the important provisions carried forward in substance is Section 281 of the BNS, which deals with obscene acts and obscene words in public places. This section corresponds to Section 294 of the IPC, with the objective of preserving public decency and maintaining social order.

Purpose of Section 281 BNS

Section 281 has been enacted to ensure that public spaces remain safe, dignified, and respectful for all citizens. Public places are shared environments, and any indecent or obscene behavior can disturb peace, offend moral sensibilities, and create discomfort—particularly for women, children, and vulnerable groups. The law seeks to discourage such behavior by making it a punishable offence.

Scope of Section 281

Section 281 applies when a person commits an obscene act or uses obscene language in a public place in a manner that causes annoyance to others. The focus of the provision is not only on the act itself but also on its effect on the public. If an act is obscene but does not cause annoyance, the offence may not be made out under this section.

What Constitutes an Obscene Act?

An obscene act under Section 281 refers to any behavior that is sexually explicit, indecent, or morally offensive when judged by contemporary social standards. This may include:

Indecent exposure in public
Lewd gestures or actions
Sexually suggestive behavior in open areas

The interpretation of obscenity depends on the facts of each case and prevailing social norms.

Obscene Words and Expressions

The section also criminalizes the use of obscene words, songs, or expressions in public places. This includes:

Vulgar or sexually explicit abuses
Obscene songs sung loudly in public
Offensive verbal remarks intended to shock or insult

The key factor is that such language must be capable of causing annoyance to people present.

Meaning of Public Place

For Section 281 to apply, the act must take place in a public location. Public places include:

Streets, roads, and highways
Markets and shopping areas
Parks and playgrounds
Railway stations and bus stops
Public transport
Areas accessible to the general public

Private spaces generally fall outside the scope of this section unless they are visible or audible to the public.

Essential Ingredients of the Offence

To establish an offence under Section 281 BNS, the prosecution must prove:

The act or words were obscene
The incident occurred in a public place
The conduct caused annoyance to at least one person

If any of these elements are absent, the accused cannot be convicted under this section.

Punishment Under Section 281 BNS

A person convicted under Section 281 may be punished with:

Imprisonment, or
Fine, or
Both imprisonment and fine

The exact nature and extent of punishment depend on the seriousness of the act and the discretion of the court.

Importance of Section 281 in Society

Section 281 plays a vital role in maintaining discipline and morality in public life. It helps:

Prevent harassment and public nuisance
Promote respectful behavior
Protect citizens from offensive public conduct
Maintain law and order in crowded places

With increasing urbanization and public interaction, such legal safeguards are essential.

Balance Between Rights and Restrictions

While freedom of speech and expression is a fundamental right, Section 281 clarifies that such freedom does not include the right to engage in obscene conduct in public. The law strikes a balance between individual liberty and the collective right of society to decency and order.

Conclusion

Section 281 of the Bharatiya Nyaya Sanhita is a crucial legal provision that addresses obscene acts and language in public places. By penalizing conduct that causes annoyance and discomfort to others, the section reinforces the importance of public morality and social responsibility. Awareness of this law helps citizens understand acceptable behavior in public spaces and contributes to a safer and more respectful society.