BNS Section 298: Injuring Or Defiling Place Of Worship With Intent To Insult Religion Of Any Class

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.

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