Posted October 28, 2013 by advocateguru in Learning Centre

Obscene acts and songs


Section 294 intends to promote public decency and morality. It encompasses the offence called in common parlance ‘eve teasing’. In order to secure a conviction under Section 294 the prosecution has to prove two particulars, namely: (i) the accused has done an obscene act in any public place or has sung, recited or uttered any obscene songs or words in or near any public place and (ii) has so caused annoyance to others. Of the act complained of is not obscene, or is not done in any public place, or the song recited or uttered is not obscene, or is not sung, received or uttered in or near any public place, or that it causes no annoyance to others, the offence is , obviously, not committed. Uttering words in a private place, therefore, does not constitute an offence under Section 294.