The Bharatiya Nyaya Sanhita (BNS), 2023 replaces the old Indian Penal Code (IPC). One of its key sections, BNS Section 298, deals with protecting religious places and sentiments. Let’s explore this important section in simple words, with case references and examples.
Short Note on BNS Section 298
BNS Section 298 states:
Whoever, with the intention of insulting the religion of any class of people, injures or defiles a place of worship or any object held sacred by them, shall be punished with imprisonment up to two years, or with fine, or with both.
In short, this section punishes people who intentionally harm or dirty a religious place or object with the aim of hurting religious feelings.
Key Elements of This Offence
To understand it better, here are the main points:
- There must be a religious place or sacred object involved.
- The act of injury or defilement must happen.
- The act must be intentional, not accidental.
- The intent must be to insult a religion or its followers.
Without intention, this law does not apply. Mere carelessness or ignorance won’t attract punishment under this section.
Why BNS Section 298 Is Important
India is a country of many religions. Temples, mosques, churches, gurudwaras, and other places of worship are deeply respected. If someone damages or pollutes these spaces, it can lead to riots, anger, and deep social unrest. That’s why BNS Section 298 exists—to maintain peace and protect religious harmony.
BNS Section 298 Example Scenario
Let’s say someone throws garbage inside a temple, knowing that it is sacred to Hindus, and does it with the intention to offend. That person can be punished under BNS Section 298, because:
- The place is religious,
- The act is intentional,
- And it is done to insult a religion.
Case Laws Referenced of BNS Section 298
1. Yagnapurushdasji v. Muldas Bhudardas Vaishya (1966 AIR 1119)
In this case, the Supreme Court emphasized that insulting the faith of a religious group through acts or words can disturb public peace and is punishable. While it dealt more with classification of religion, the judgment underlines the importance of religious respect in India.
2. Ramji Lal Modi v. State of U.P. (1957 AIR 620)
The court held that freedom of speech is not absolute, and acts that intentionally hurt religious feelings, such as defiling a place of worship, can be punished under the law.
3. Gulam Abbas v. State of Uttar Pradesh (1981 AIR 2198)
Here, communal tensions were triggered by disputes over religious places. The court highlighted that even symbolic acts of disrespect towards sacred sites can lead to violence. That’s why laws like Section 298 are necessary.
What Is Considered a “Place of Worship”?
Any space that a religious group considers holy:
- Temples
- Mosques
- Churches
- Gurudwaras
- Samadhis
- Prayer rooms
Even objects like holy books, idols, and religious flags can be covered under this law.
Intent is Everything
Suppose a person accidentally damages a mosque wall while doing construction nearby—no crime under Section 298. But if the same person knowingly throws stones at the mosque to insult the faith, then it becomes a punishable offence under BNS Section 298. So, proving intent is crucial in these cases.
Punishment Under BNS Section 298
- Imprisonment up to two years
- Or fine
- Or both
It’s a non-bailable and cognizable offence, meaning police can arrest without a warrant, and bail is not a right.
Modern Relevance
In today’s world, social media can also be a tool of defilement. For example:
- Posting a photo of someone damaging a church cross,
- Uploading a video of defiling a temple idol,
Such actions may also come under Section 298, especially if the act was done intentionally to hurt sentiments.
How Courts See These Offences
Courts take a strict view when it comes to maintaining communal harmony. If there’s evidence that the accused:
- Had motive to insult a religion,
- Carried out the act knowingly,
- Caused distress to a religious group,
Then courts are likely to convict under BNS Section 298. However, if there’s doubt about the intention, courts may let the accused go.
Preventive Measures
People must understand the seriousness of:
- Entering religious sites respectfully,
- Not misusing symbols or sacred spaces,
- Avoiding offensive acts during religious festivals.
Laws like BNS Section 298 work only when people value peace and coexistence.
BNS Section 298 Difference from IPC Section 295
Section 298 is similar to IPC Section 295, which it replaces. The language is updated, but the spirit of the law remains the same—to protect religious harmony.
Conclusion
Section 298 Injuring or defiling place of worship, with intent to insult the religion of any class, plays a crucial role in a diverse country like India. It safeguards not only physical spaces but also the emotional and spiritual sentiments of millions. Respect for religion is not just about law—it’s about living in harmony.
Disclaimer
This article is for general information purposes only. It does not constitute legal advice. For any legal issue or specific case, please consult a qualified legal professional or advocate.
