BNS Section 301: Trespassing On Burial Places, etc.

Definition of BNS Section 301

Section 301 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

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

Explanation and Illustration of Section 301

This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of trespassing on religious sites. Let us break down the section to get a better understanding of it.

• Offence

  This section deals with trespassing at places and events of religious importance. It must be noted that for the purpose of this section, the word ‘trespass’ does not only mean physically trespassing a border or a boundary. It also implies actions and words that may trespass the decorum or due respect for the place or the event. It specifically protects the following:

  • 1. any place of worship
  • 2. any place of sepulchre
  • 3. any place set apart for the performance of funeral rites
  • 4. any depository for the remains of the dead,
  • 5. any human corpse
  • 6. any persons assembled for the performance of funeral ceremonies

• If any of the above are trespassed, or insulted, by any action, such action shall be considered an offence under the provision of this section.
  
  However, as with most offences, intent is important because as far as the criminal code is concerned, intent is as culpable, if not more, than the actual criminal act. Because a person who commits a criminal act by mistake may not repeat it. But a person with a criminal intent is likely to repeat a crime and is, hence, considered a greater threat to society.
  
  So, for a trespass to be an offence under the provisions of this section, it has to be:

  • 1. with the intention of wounding the feelings of any person - referring to a trespass performed deliberately with the intention of hurting someone.
  • 2. with the intention of insulting the religion of any person - referring to a trespass performed deliberately with the intention of hurting a religion.
  • 3. with the knowledge that the feelings of any person are likely to be wounded - referring to a trespass, not necessarily done with the intention of hurting someone, but knowing fully well that it may hurt a person.
  • 4. With the knowledge that the religion of any person is likely to be insulted - referring to a trespass, not necessarily done with the intention of hurting a religion, but knowing fully well that it may hurt religious sentiments.

• If an act of trespasses fits into any of the above conditions, then it shall be considered an offence under the provisions of this section.

• Punishment

  Any person who trespasses at a religious event or place, knowing that such trespass shall hurt religious sentiments, shall be punished with imprisonment for a term which may extend to one year, 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 did not know the action would be considered a trespass
  • 4. The offender did not know that the trespass would hurt religious 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

  X and Y decide to see if ghosts exist by visiting a graveyard at night and performing certain rituals. X and Y are offenders under the provisions of Section 301.

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