Law and You > Criminal Laws > Bharatiya Nyaya Sanhita, 2023 > Chapter XVI > Offences Relating to Religion (Ss. 298 to 302 BNS)
The Bharatiya Nyaya Sanhita, 2023 (BNS) contains various provisions that address offenses related to religion, aiming to maintain peace, harmony, and tolerance in a multi-religious society. India, being home to diverse religious communities, has specific laws to prevent religiously motivated offenses that may disrupt public order or incite communal violence. The BNS criminalizes acts that are likely to provoke religious hatred, disrespect religious beliefs or practices, and disturb the religious freedom of individuals and communities. Articles 25-30 guarantee citizens freedom of conscience and free profession, practice and propagation of religion. They also guarantee freedom to manage religious affairs, monetarily contribute to promotion of any religion, and to set up and administer educational institutions. In this article, we shall discuss provisions in BNS of offences relating to religion.
The provisions reflect India’s commitment to safeguarding religious tolerance and ensuring that individuals and groups can practice their faiths without fear of persecution or disruption. By penalizing acts that threaten religious harmony, the BNS plays a crucial role in promoting a peaceful, inclusive society. Understanding these legal provisions is vital for recognizing the boundaries of religious freedom and the protection of communal peace under the law.
Section 298 BNS:
Injuring or Defiling Place of Worship with Intent to Insult Religion of Any Class:
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Ingredients of Section 298 BNS:
- The accused must do such an act with the intention of insulting the religion of any person, or with the knowledge that any class of person is likely to consider such destruction, damage or defilement as an insult to their religion.
- The accused must destroy, damage or defile any place of worship or any object which is held as sacred by any class of persons.
Section 298 BNS compels people to respect the religious susceptibilities of persons of different religious persuasions or creeds by making destruction, damage or defilement of a place of worship or an object held sacred, with the intent to insult the religion, by a class of persons, punishable. The sacred objects includes the holy books, idol, deity, Trishul, Kripan, etc.
Punishment:
Imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Nature of Offence:
The offence is Cognizable, Non-bailable, Non-compoundable, and triable by any Magistrate.
In Behari Lal v. Ghisa Lal, (1902) ILR 24 All 499 case, where, certain plaintiffs sued for an injunction restraining defendants from obstructing them in cutting certain branches of a pipal tree overhanging their property. The pipal tree grew in the inclosure of a temple, and the resistance was based on the ground that the tree was an object of veneration to Hindus, and that the lopping of its branches would be offensive to the religious feelings of the Hindu community. The Allahabad High Court held that the plaintiffs were entitled to the injunction prayed for, and that the fact that the plaintiffs’ action might cause annoyance and a large number, of Hindus, was not a sufficient ground for cutting down the well-recognized common law rights of an owner of property.
In Khaii v. Nanjiappa, AIR 1930 MAD 642 case, where the Hindus of a village were unhappy and were opposed to the fact that mohmaeddans of the same village had decided to construct a Masjid on a land owned by them. The court however on hearing the case said that since the land was owned by the Mohmaeddans, the court could not stop the erection of the Masjid on the mere ground of annoyance.
Section 299 BNS:
Deliberate and Malicious Acts, Intended to Outrage Religious Feelings of Any Class by Insulting its Religion or Religious Beliefs:
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Ingredients of Section 299 BNS:
- The accused must insult or attempt to insult the religion or religious beliefs of any class of citizens of India.
- The said insult must be with a deliberate and malicious intention of outraging the religious feelings of the said class of citizens.
- The said insult must be by words, either spoken or written, by signs or by visible representation or otherwise.
The object of Section 299 BNS is to punish deliberate and malicious acts intended to outrage the religious feelings of any class by insulating its religion or the religious beliefs. This section only punishes an aggravated form of insult to religion when it is perpetrated with deliberate and malicious intention of outraging the religious feelings of a class.
Punishment:
Imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Nature of Offence:
The offence is Cognizable, Non-bailable, Non-compoundable, and triable by Magistrate of First Class.
In State of Mysore v. Henry Rodrigues, 1962 CRILJ 564 case, the Karnataka High Court said that the purpose of the Section 295(A) IPC (S. 299 BNS) is to respect the religious perceptivity of different people of different religious ideologies and doctrines. The judiciary has laid down several provisions to ensure that the State of India, continues to retain its secularist nature.
In Virbrahammam v. State of Andhra Pradesh, AIR 1959 AP 572 case, where the petitioner is the author of a book called ‘Bible Bandaram’, which means the Treasure of the Bible’. He claims to have dealt with the Bible from a scientific and rationalistic point of view. Being of opinion that it contains matter, which falls within the purview of Section 99-A, Criminal Procedure Code, the State Government declared that all copies of the aforesaid book, wherever found, should be forfeited to the Government. Pursuant to this, the books are said to have been confiscated by the officers concerned. The petitioner challenged the ban on the book. In this case the Andhra Pradesh High Court accepted the proposition that the intention of author to be gathered primarily from the language used.
In Ramji Lal Modi v. State of UP, AIR 1957 SC 620 case, where Ramji Lal Modi published an article in Guarakshak, a magazine focused on cow protection that was deemed to be intentionally outraging to Muslims and thus, in violation of Section 295A IPC (S. 299 BNS) The lower courts found him guilty of maliciously outraging the religious feelings of Muslims and accordingly convicted him. He appealed this decision and challenged the constitutionality of section 295A IPC (S. 299 BNS). The Supreme Court the Court found section 295A of the IPC (S. 299 BNS) constitutional and upheld the Petitioner’s conviction.
Section 300 BNS:
Disturbing Religious Assembly:
Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Ingredients of Section 300 BNS:
- There must be an assembly which is engaged in the performance of religious worship or religious ceremony
- Such assembly and performance of such ceremony should be lawful
- The accused must cause disturbance to such assembly
- The accused must do so voluntarily
Punishment:
Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Nature of Offence:
The offence is Cognizable, Bailable, Non-compoundable, and triable by any Magistrate.
This section affords special protection to congregational worship. It does not cover individual worship. A religious procession is regarded as a lawful assembly unless it interferes with the ordinary use of the streets by the public or contravenes any rules or regulations.
For example, there are generally gatherings for religious purposes like MahaKumbh, Char Dham Yatra, Muharram, Nagar Kirtans, Langar, etc. If any person tries to disturb any of such gatherings or assemblies, he shall be punished under section 300 BNS.
Section 301 BNS:
Trespassing on Burial Places, etc.:
Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Ingredients of Section 301 BNS:
- Accused commits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse; Or
- Accused causes disturbance to any persons assembled for the performance of funeral ceremonies; and
- He does it with knowledge and intention to wound the feelings of any person, or of insulting the religion of any person.
Section 301 BNS extends the principle in Section 295 to places which are treated as sacred. It punishes a person who, with the intent to insult the religion of another or hurt the religious feelings of a person, commits trespass in any place of worship or of sepulture, or any place of burial or place set apart for burial rites.
Punishment:
Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Nature of Offence:
The offence is Cognizable, Bailable, Non-compoundable, and triable by any Magistrate.
Section 302 BNS:
Uttering Words, etc., with Deliberate Intent to Wound Religious Feelings of Any Person:
Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Ingredients of Section 302 BNS:
- The accused utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person; and
- He does it deliberately with intention to wound religious feelings of any person
Punishment:
Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Nature of Offence:
- The offence is Non-cognizable, Bailable, Non-compoundable, and triable by any Magistrate.
Conclusion:
In conclusion, the provisions in the Bharatiya Nyaya Sanhita, 2023 related to religious offenses are integral in maintaining the country’s secular fabric and ensuring the peaceful coexistence of its diverse religious communities. These provisions aim to prevent acts that incite religious hatred, disturb public order, or undermine the freedom of individuals to practice their religion. By criminalizing offenses like promoting enmity between religious groups, insulting religious beliefs, or committing violence against religious institutions, the BNS upholds the constitutional values of equality, tolerance, and religious freedom.
These legal provisions play a crucial role in preventing communal conflicts and safeguarding the integrity of religious practices. They also serve as a deterrent against any attempt to use religion as a means to cause societal division or unrest. The BNS ensures that any act threatening religious peace or disrespecting religious sentiments is penalized, reinforcing the importance of respecting religious diversity and promoting harmony in a pluralistic society.
However, the effectiveness of these provisions depends on their proper implementation and the judicial system’s commitment to ensuring justice for those affected by religiously motivated offenses. Ultimately, the IPC’s provisions on religious offenses provide a critical legal framework that helps protect religious tolerance, national unity, and social cohesion in India.
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