Section 301 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a detailed overview of Section 301 of the Bharatiya Nyaya Sanhita (BNS), 2023, under Chapter XVI – Offences Relating to Religion:
📜 Section 301 – Trespassing on Burial Places, etc.
Offence Defined:
Whoever, with the intention of wounding the feelings of any person or insulting their religion—or knowing such feelings are likely to be hurt—commits any of the following acts:
Trespasses into a place of worship, sepulchre, or any location set aside for funeral rites or storing a corpse,
Offers indignity to a human corpse,
Or disturbs individuals gathered for funeral or memorial ceremonies,
shall be punished under this section. (sudhirrao.com)
⚖️ Punishment & Classification
Imprisonment: Up to 1 year (simple or rigorous)
Fine: At the court’s discretion
Or both (myjudix.com)
Cognizable: ✅ Yes — police may arrest without warrant
Bailable: ✅ Yes
Triable by: Any Magistrate (lawrato.com)
🧩 Key Legal Elements
Location: Includes burial grounds, crematoria, places used for funeral rites—wherever corpses are present.
Mental State: Must act with intent to insult religion or wound feelings, or at least know such effect is probable.
Acts Covered:
Entry without permission (trespass),
Disrespect or mistreatment of corpses,
Disruption of funeral ceremonies.
📚 Context & Placement
Falls within Chapter XVI, which addresses offences against religion—alongside sections on defiling places of worship (298), outraging religious feelings (299), and disturbing religious assemblies (300) (myjudix.com, indiacode.nic.in, lawrato.com, en.wikipedia.org).
Similar to the former IPC offences of desecration and insult to religious practices, but tailored to the context of funeral rites and burial grounds.
✅ Summary Table
| Aspect | Detail |
|---|---|
| Offence | Trespass on or desecration of burial/funeral place |
| Intent | To insult religion or wound feelings |
| Punishment | ≤ 1 year jail and/or fine |
| Cognizable | Yes |
| Bailable | Yes |
| Triable by | Magistrate |
RELATED Blog
0 comments