Section 298 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 298 of the Bharatiya Nyaya Sanhita, 2023 (BNS), from Chapter XVI – Offences Relating to Religion:
🛐 Section 298 – Injuring or Defiling a Place of Worship
⚖️ Offence
Committing the deliberate act of destroying, damaging, or defiling any place of worship (e.g., temple, mosque, church, shrine) or any object held sacred by any community.
The act is punishable when done with either:
Intent to insult the religion of any class, or
Knowledge that any group is likely to consider it an insult to their religion. (advocatekhoj.com)
🧾 Punishment
Imprisonment (simple or rigorous) for up to 2 years,
Fine,
Or both, as determined by the court.
🔍 Key Legal Elements
Voluntary Act
The destruction, defilement, or damage must be intentional, not accidental or incidental.
Protected Places/Objects
Includes any sanctified structure or object respected by a religious group.
Mental State (Mens rea)
Either intent to insult someone’s religion, or knowledge that others will view the act as insulting.
Non-Compoundable & Cognizable
Though not always explicitly stated in the bare act, sources like LawRato indicate it is cognizable (enabling police to arrest without warrant) and non-bailable at first instance, triable by a Magistrate.
🌟 Example
If a person defaces a religious idol or spray-paints derogatory graffiti in a shrine knowing it will be seen as an insult, or with the purpose of offending believers, this is punishable under Section 298.
📋 Quick Summary Table
| Element | Details |
|---|---|
| Offence | Injuring or defiling sacred place/object with insulting intent or knowledge |
| Max Punishment | Up to 2 years' imprisonment, or fine, or both |
| Type | Cognizable, non-bailable (first instance), Magistrate-triable |
| Chapter | XVI – Offences Relating to Religion |
Section 298 plays a vital role in safeguarding religious harmony and protecting sacred institutions or symbols from deliberate disrespect or abuse.
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