BNS Section 298: Injuring Or Defiling Place Of Worship With Intent To Insult Religion Of Any Class
Section 298 falls under Chapter XVI of the Bharatiya Nyaya Sanhita (BNS). Chapter XVI covers offences relating to religion. Each section under this chapter deals with different offences related to offences relating to religion. Section 298 specifically deals with defiling places of worship. Let us take a closer look at its provisions.
Definition of BNS Section 298
Section 298 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
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.
Explanation and Illustration of Section 298
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of defilement of items held sacred. Let us break down the section to get a better understanding of it.
Offence
This section essentially protects two things:
1. Any place of worship - referring to any specific physical space where people gather to pray or is considered sacred for any reason by any class of persons.
2. Any object held sacred - referring to any item or paraphernalia considered sacred for any reason by any class of persons.
Any person who destroys, damages or defiles any of the above objects shall be considered an offender under the provisions of Section 298. However, intent is important in this aspect. The act of destruction, damaging or defilement can be considered an offence only if it has been done:
1. with the intention of thereby insulting the religion of any class of persons - referring to an act performed with the main intention of insulting the religion which the place of worship or sacred item represents; or
2. with the knowledge that any class of persons is likely to consider such an act as an insult to their religion - referring to an act that has no necessarily been performed with the intention of hurting the religion but knowing well that the place or the item are of religious importance to a class of people and they are likely to be hurt by this action.
In other words, any person who knowingly insults a religious place or a sacred item shall be considered an offender under the provisions of Section 298.
Punishment
Any person found guilty of destroying or defiling any place or item considered sacred by any class of people shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
The above actions may not be an offence under this section if:
1. The offender is forced or coerced into performing the offence
2. The offender is a minor or not of sane mind.
3. The offender was not aware that the place or item was considered sacred by a class of people and hence could not have had any intention of hurting any sentiments.
However, there may be other sections under the BNS under which the above actions can be prosecuted and while they may be disqualified under the provisions of this section, such actions will still be punishable under the provisions of those respective sections of the BNS.
Illustration
A local village considers a grove of deodar trees as sacred. However, Y, a construction contractor, cuts the grove down for raw material despite being warned that the grove is considered sacred to the locals. Y is an offender under the provisions of Section 298.
Key Points in BNS Section 298
This section deals with: Injuring or defiling place of worship with intent to insult religion of any class.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 298 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 298 of BNS replaces IPC Section 295. Let us look at the changes that have been made in the provisions of the new section in comparison to the old one.
| BNS Sections/Subsections | Subject | IPC Sections | Summary of Comparison |
|---|---|---|---|
| 298 | Injuring or defiling place of worship with intent to insult the religion of any class. | 295 | No change in provisions for offence |
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FAQs about Section 298 of the Bharatiya Nyaya Sanhita (BNS)
Is BNS 298 bailable?
No. Section 298 is a non-bailable offence.
What is the punishment for BNS Section 299?
Any person found guilty of destroying or defiling any place or item considered sacred by any class of people shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.
What are examples of actions that violate BNS 298?
Performing any act or making any gesture or saying anything in a place of worship that is considered offensive by the followers of that religion is an example of Section 298 violations.
What role do community leaders play in addressing violations of BNS 298?
By ensuring that people from their own community do not engage in such acts of disrespect and hate, community leaders ensure that violations under Section 298 do not take place.
How does BNS 298 contribute to maintaining religious harmony?
Be penalising persons who seek to cause disharmony amongst religious groups, Section 298 ensures maintenance of religious harmony.
