BY PRADEEP KUMAR SUBUDHI
Bhubaneswar, March 3: The topic of obscenity in public spaces has recently come to the forefront following the controversial comments made by Ranveer Allahbadia, the founder of the popular YouTube channel ‘Beer Biceps’, during his appearance on the live show India’s Got Latent. Allahbadia’s remarks have sparked a nationwide debate, with many questioning the boundaries of acceptable conduct in public forums, especially in digital spaces.
The controversy took a serious turn when the Mumbai Police initiated an investigation into the alleged obscene comments made by Allahbadia. Additionally, the show's host and comedian, Samay Raina, is also under scrutiny. Although an FIR has been registered by the Mumbai Police, the Assam Police followed suit by filing a complaint on February 10, 2025. The complaint includes charges of "obscene acts" under Section 296 of the Bharatiya Nyaya Sanhita, 2023 (BNS), a law that replaced the previously applicable Section 294 of the Indian Penal Code (IPC). This legal action highlights the growing concern around what constitutes an obscene act in the eyes of the law.
What Does the Law Say About Obscenity?
The concept of "obscenity" in public spaces is outlined clearly in Indian law, and its implications are wide-reaching. Under Section 296 of the Bharatiya Nyaya Sanhita, 2023 (BNS), any obscene act performed in a public place is considered an offense. This includes, but is not limited to, the utterance of obscene words, songs, or ballads, as well as other acts that may be deemed offensive or inappropriate in the eyes of the public.
The law states:
"Whoever, to the annoyance of others, performs any obscene act in any public place, or sings, recites, or utters any obscene song, ballad, or 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 a fine, or with both."
Obscene Acts and Public Display of Affection
Under this legal framework, public display of affection (PDA) is also a contentious issue. While the law does not specifically define "obscenity," it does indicate that any act that may disturb the peace or create discomfort for others in a public place can be classified as obscene. This means that the nature of affection displayed in public spaces must adhere to certain social and legal norms to avoid being considered offensive.
It’s important to note that the law does not categorically outlaw all forms of affection in public. Instead, it places limits on the behavior that can be considered obscene. For example:
A couple holding hands or sharing a brief kiss in public is generally not viewed as an offense if it is within socially acceptable bounds.
However, actions that are deemed excessive or inappropriate in a public setting—such as passionate displays of affection or overtly sexual behavior—could fall under the category of obscenity.
The challenge lies in the fact that the law does not provide a clear, universally accepted definition of what constitutes an "obscene" act. Therefore, individuals must exercise caution when expressing affection in public spaces, as what is deemed acceptable can vary depending on societal context, location, and the discretion of law enforcement officers.
The Role of Law Enforcement and Public Awareness
In practice, many couples face harassment by law enforcement officers due to misunderstandings or lack of awareness about the law. Often, police officers or the public themselves may interpret certain actions as obscene, even when they are within legal limits. This can lead to uncomfortable situations and unnecessary legal trouble for individuals who may not be aware of the specific limitations placed by the law.
The ambiguity surrounding the definition of obscenity in public places underscores the importance of public awareness and education. Citizens need to be informed about what is legally acceptable in public spaces to avoid unintentional violations. Likewise, law enforcement officers must be trained to apply these laws with discretion and respect for personal freedoms, ensuring that legal actions are justified and proportionate to the offense.
The Legal Implications and Punishments
Under Section 296 of the Bharatiya Nyaya Sanhita, 2023 (BNS), those found guilty of performing obscene acts in public can face significant penalties. The law stipulates that the punishment can include Imprisonment for up to three months, A fine, or both imprisonment and a fine.
This provision is a clear indication that the law takes the issue of public obscenity seriously and seeks to maintain public decorum. However, the law’s broad application has also led to some concerns, as its interpretation can vary, and the penalties may sometimes feel disproportionate to the act committed.
Conclusion
The recent controversy surrounding Ranveer Allahbadia’s comments on India’s Got Latent serves as a reminder of the complex legal landscape surrounding obscenity in India. While the law aims to prevent acts that disturb public order, its vague definition of "obscenity" often leaves room for subjective interpretation. This has led to confusion and, in some cases, overreach by authorities.
As society continues to evolve, it is essential for both the public and law enforcement to better understand the boundaries of acceptable behavior in public spaces. The need for clarity in the law, as well as greater awareness and education on what constitutes an "obscene act," is more pressing than ever to ensure that personal freedoms are respected while maintaining public order.
