BNS Section 354: Act Caused By Inducing Person To Believe That He Will Be Rendered An Object Of Divine Displeasure
Section 354 falls under Chapter 19 of the Bharatiya Nyay Sanhita (BNS). Chapter 19 covers offences such as criminal intimidation, insult, annoyance, defamation, etc. Each section under this chapter deals with different offences related to such crimes. Section 354 specifically deals with inducing fear of divine displeasure. Let us take a closer look at its provisions.
Definition of BNS Section 354
Section 354 of the Bharatiya Nyaya Sanhita (BNS), 2023 states:
Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Illustrations.
(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.
(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.
Explanation and Illustration of Section 354
This section is applicable to any person within the sovereign borders of India, whether citizen, resident or otherwise. It deals with the offence of inducing fear of divine displeasure. Let us break down the section to get a better understanding of it.
Offence
This section deals with the offence of unduly inducing fear of divine displeasure in any person. It deals with any person who deliberately and fraudulently claims to have the power to inflict divine displeasure on any person and induces people into performing any task or refrain from any task against their will by threatening them with such divine displeasure. It provides for prosecuting persons who misuse anyone’s religious beliefs for their own fraudulent and dishonest ends. Let us take a look at the illustrations that have been provided.
(a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.
Here A believing Z to have certain beliefs has tried to misuse Z’s fear of those beliefs by threatening to invite divine displeasure upon Z despite knowing that they do not possess any such powers.
(b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.
Again, A has threatened Z with some bizarre ritualistic logic to invoke a sense of the supernatural by tugging on Z’s beliefs and causing him to fear divine displeasure.
Punishment
Any person found guilty of fraudulently inducing fear of divine displeasure for dishonest purposes shall be punished with imprisonment of either description 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.
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.
Key Points in BNS Section 354
This section deals with: Inducing fear of divine displeasure
Description of offence:
Punishment for offence:
Exceptions to offence:
Differences Between Section 354 of BNS and its Equivalent IPC Section
The BNS came into force on July 1, 2024, effectively replacing the Indian Penal Code. Section 354 of BNS replaces IPC Section 508. 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 |
|---|---|---|---|
| 354 | Act caused by inducing person to believe that he will be rendered an object of the Divine displeasure. | 508 | No change in provision for offence |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 354 of the Bharatiya Nyaya Sanhita (BNS)
What is covered under Section 354 about divine displeasure?
Any person found guilty of fraudulently inducing fear of divine displeasure in order to achieve dishonest ends shall be considered an offender under this section.
Is inducing fear of divine punishment a punishable offense?
Yes. Inducing fear of divine punishment is a punishable offense under Section 354.
What are the penalties for such acts under this section?
Any person found guilty under this section shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
How is intent proven in cases of inducing fear of divine displeasure?
Given that no person has any proven power to inflict divine displeasure, the mere attempt to even induce someone based on such claims establishes intent to defraud.
Are religious practices included in this section?
Yes. Threatening with divine displeasure by performing religious practices shall be considered an offence under this section.
Can victims file complaints against threats involving divine displeasure?
Yes. Victims of such acts can file a complaint under Section 354.
How does the law differentiate between genuine belief and malicious intent?
When any act of faith is used to threaten someone into doing something against their will, and for dishonest or fraudulent ends, it shall be considered malicious intent.
