The Bharatiya Nyaya Sanhita, 2023 (BNS) marks a significant shift in India’s criminal justice framework by replacing the colonial-era Indian Penal Code. Among its many provisions, Section 354 of the BNS deals with acts induced through spiritual or religious coercion. This provision aims to safeguard individuals from manipulative acts rooted in the misuse of religious sentiment or divine authority.
Statutory Text: BNS Section 354
“Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become an object of Divine displeasure, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”
Core Elements of the Offence
For the application of BNS Section 354, the following key ingredients must be established:
- Voluntary act or attempt: The accused must have caused or tried to cause a specific action or omission.
- Lack of legal obligation: The act done (or omitted) must not be legally binding upon the victim.
- Inducement by divine threat: The person must have been influenced by a belief that they—or someone they care for—would face divine displeasure.
The crux of the offence lies in the exploitation of religious or spiritual beliefs to coerce a person into action.
Purpose and Legislative Intent
The law aims to strike a balance between protecting religious freedom and preventing its misuse. In a country as religiously diverse as India, there have been several incidents where individuals are emotionally blackmailed or psychologically coerced using spiritual fear. BNS Section 354 ensures that faith remains a matter of personal belief and not a tool for manipulation.
Case Law Reference of BNS Section 354: IPC Section 508
Although BNS Section 354 is a new addition under the BNS, its substance corresponds to Section 508 of the Indian Penal Code (IPC). Judicial interpretations under the IPC remain relevant for legal analysis.
Ram Lal v. Emperor, AIR 1938 All 632
In this case, the accused threatened the complainant with divine consequences if he refused to contribute funds to a religious cause. The Allahabad High Court held that using the fear of divine punishment to extract a donation constituted an offence. The ruling emphasized the importance of free will in legal and moral obligations.
Illustrative Examples of BNS Section 354
To understand the scope of BNS Section 354, consider the following examples:
Example 1: A temple priest tells a devotee that if she refuses to donate her gold ornaments, her family will suffer divine wrath. She donates out of fear. The priest can be prosecuted under BNS Section 354.
Example 2: A spiritual leader persuades an ill person to give up medical treatment, warning of divine punishment if they continue allopathic medication. If the patient complies due to fear, the leader may be liable under this provision.
Such instances demonstrate how faith can be twisted into a tool of exploitation, especially when individuals are in vulnerable situations.
Short Note on BNS Section 354
| Aspect | Details |
|---|---|
| Provision | BNS Section 354 |
| Nature of Offence | Non-cognizable and bailable |
| Punishment | Up to 1 year imprisonment, or fine, or both |
| Trial Court | Any Magistrate |
| Focus | Prohibits coercion through fear of divine wrath |
| IPC Counterpart | Section 508 IPC |
Judicial and Practical Significance
Although rare, such cases do arise in rural and religiously sensitive areas. Courts have reiterated that freedom of religion under Article 25 of the Constitution does not include the right to force or manipulate others through divine threats.
This provision becomes particularly relevant in:
- Religious donation rackets
- Fake godmen exploiting followers
- Faith-based coercion in land transfers, marriages, or medical decisions
Law enforcement must tread cautiously—protecting citizens without infringing genuine religious expression.
Challenges in Enforcement
One of the primary challenges in prosecuting offences under this section is the subjective nature of belief. Whether the inducement was strong enough to influence action must be determined through:
- Statements of the complainant
- Witnesses
- Communication records (texts, audio, video)
- Psychological evidence (e.g., trauma, coercion indicators)
The judiciary will often assess the mental state of the victim and the intentional conduct of the accused.
Misuse and Safeguards
Critics argue that such laws may be misused to target spiritual leaders or minority groups, especially when religious advice is misunderstood as coercion.
To mitigate misuse:
- Courts must require clear, direct inducement linked to divine displeasure.
- Mere spiritual advice or religious preaching without coercive intent should not invite prosecution.
The burden of proof lies on the prosecution to establish that the act or omission occurred because of the induced belief.
Conclusion
BNS Section 354 represents a progressive step in protecting individuals from spiritual manipulation. While India respects all religions and spiritual paths, it equally values individual freedom and consent. This section ensures that no one can be threatened with divine wrath to act against their legal rights or will.
Its enforcement, however, requires a nuanced understanding of context, belief, and coercion—a delicate task for investigators and courts alike.
Disclaimer
This article is intended for general informational purposes only and does not constitute legal advice. For assistance in matters involving BNS Section 354 or related criminal provisions, please consult a qualified advocate or legal practitioner. Judicial outcomes may vary based on the facts and evidence presented in each case.
