BNS Section 302: Uttering Words, Etc., With Deliberate Intent To Wound Religious Feelings Of Any Person

Definition of BNS Section 302

Section 302 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:

Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, 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 302

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

• Offence

  This section provides for the offence of insulting or attempting to insult religion or religious feelings. It covers insult made to religious sentiments by:

  • uttering words or
  • making any sound in the hearing of that person or
  • making any gesture in the sight of that person or
  • placing any object in the sight of that person

• If any of the above actions are performed to insult or attempt to insult a religion or a religious belief, it shall be considered an offence under the provisions of Section 302.
  
  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 an act of wounding religion to be an offence under the provisions of this section, the action has to be deliberate. That is, it should be done by the person(s) in a conscious and predetermined manner, fully knowing that their actions would hurt religious sentiment. If the insult was performed unknowingly or in the heat of the moment, then it cannot be considered an offence under this section.

• Punishment

  Any person who performs any action described in this section with the deliberate intention of hurting religious sentiments, he or she 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:

  • The offender is forced or coerced into performing the offence
  • The offender is a minor or not of sane mind.
  • The offender did not know his or her actions were considered offensive to 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 has a personal argument with Y. In order to get back at Y, X insults Y’s appearance, specifically the religious attire worn by Y. X is an offender under the provisions of Section 302.

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