BNS Section 302: Uttering Words, Etc., With Deliberate Intent To Wound Religious Feelings Of Any Person
Section 302 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 302 specifically deals with hurting religious sentiments. Let us take a closer look at its provisions.
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.
Key Points in BNS Section 302
This section deals with: Uttering words, etc., with deliberate intent to wound religious feelings of any person.
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 302 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 302 of BNS replaces IPC Section 298. 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 |
|---|---|---|---|
| 302 | Uttering words, etc., with deliberate intent to wound religious feelings of any person. | 298 | No change. |
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FAQs about Section 302 of the Bharatiya Nyaya Sanhita (BNS)
What is the primary aim of this BNS 302 law?
Section 302 deals with persons uttering words or making gestures with the intent of hurting religious sentiments.
What actions are considered offences under Section 302?
Uttering any words or sounds or making any kind of gesture with the express intent of outraging someone’s religious beliefs shall be considered an offence under Section 302.
Is BNS 302 bailable or non bailable?
Offence under Section 302 is a non-bailable offence.
What is the penalty for 302 BNS?
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.
Does BNS 302 apply to online comments or posts?
Yes. Placing any kind of offensive material within the sight of a person in order to offend their religious beliefs is an offence under the provision of this section. So if the comment of post have been put in a public forum, then it shall be punishable under Section 302.
Are artistic works covered under BNS 302?
Yes. If any piece of art expresses anything that is outrageous to the religious beliefs of persons and the artist cannot provide justifiable artistic reasons to express the art in such manner, then it can be an offence under this section.
