Section 296 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 296 – Bharatiya Nyaya Sanhita (BNS), 2023
1. Textual Meaning (Simplified)
Section 296 of the BNS, 2023 deals with “Disturbing the Peace of Religious Worship or Ceremonies.”
In simple terms:
Any person who voluntarily causes disturbance, obstruction, or interruption during a religious service, ritual, or ceremony, or engages in conduct intended to outrage religious feelings, shall be punished under this section.
Key points:
Protects religious sanctity and public order.
Applies to temples, mosques, churches, gurudwaras, and other places of worship.
Targets acts that disrupt religious ceremonies or create conflict based on religion.
2. Objective of Section 296
To ensure peaceful conduct of religious activities.
To prevent public disorder or communal tension arising from interference with worship.
To protect freedom of religion while maintaining public order.
To penalize acts intended to hurt religious sentiments or provoke disturbance.
3. Key Elements of Section 296
For liability under Section 296, the following conditions must exist:
(a) Presence of Religious Ceremony
The act must occur during or in connection with a religious service, worship, or ritual.
Includes prayers, festivals, ceremonies, and other organized religious events.
(b) Voluntary Disturbance or Interference
The person must intentionally or knowingly disturb the proceedings.
Disturbance can be:
Physical obstruction
Loud noise, shouting, or scuffling
Threats or intimidation
Vandalism or destruction of religious property
(c) Intention or Knowledge
The person must intend to disrupt the religious ceremony, or know that their act is likely to cause disturbance.
(d) Public Order Element
Acts must outrage religious feelings or risk creating communal tension.
Section 296 is not for minor disagreements or casual interruptions; there must be substantial interference.
4. Punishment under Section 296
Imprisonment: Up to 2 years, depending on severity.
Fine: Monetary penalty may also be imposed.
Enhanced Punishment: If disturbance leads to violence, damage to property, or serious public disorder, imprisonment may be extended up to 5 years.
5. Illustrations for Better Understanding
Illustration 1 – Disrupting Temple Ritual
A person enters a temple during a puja and shouts loudly, preventing priests from performing rituals.
Punishable under Section 296 because the act disturbs the religious service.
Illustration 2 – Threats During Ceremony
Someone threatens worshippers during a church service to intimidate or provoke fear.
Punishable as it disrupts the religious proceedings.
Illustration 3 – Vandalism at Religious Event
A person damages decorations or sacred objects during a gurudwara celebration.
Liability arises under Section 296 due to intentional disruption and desecration.
Illustration 4 – Minor Accidental Disruption
Someone accidentally trips and falls during a prayer, causing a small commotion.
Not punishable under Section 296 if there was no intent to disturb.
6. Key Principles
Protection of Religious Freedom: Ensures worshippers can perform religious activities without interference.
Intent or Knowledge is Crucial: Liability depends on intent to disrupt or reckless knowledge of likely disturbance.
Public Order Concern: Acts must threaten communal harmony or cause serious disturbance.
Distinction from Minor Acts: Accidental or minor interruptions without malice are not punishable.
7. Relation to Other Sections
Section 296 complements Sections on assault, criminal intimidation, and public order offences.
Works alongside Sections protecting religious sentiments and places of worship to maintain harmony.
Similar to previous IPC Section 295, which punished acts intended to outrage religious feelings.
8. Importance
Promotes communal peace and respect for religious diversity.
Encourages citizens to avoid provocative or disruptive behavior in religious spaces.
Protects rituals, ceremonies, and public worship as fundamental to social order.
Summary Table – Section 296 BNS
| Feature | Section 296 BNS |
|---|---|
| Target | Individuals disrupting religious services or ceremonies |
| Acts Covered | Physical obstruction, noise, threats, vandalism, intimidation |
| Requirement | Intent to disturb, or knowledge that act likely causes disturbance |
| Punishment | Up to 2 years imprisonment, fine; up to 5 years if severe disruption occurs |
| Key Principle | Protection of religious freedom and public order |
| Exceptions | Accidental disruption without intent is not punishable |
Section 296 BNS is important because it safeguards religious practices, prevents communal tension, and ensures citizens can exercise their right to worship freely.
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