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Bharatiya Nyaya Sanhita, 2023 Chapter XVI · Of Offences Relating to Religion
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Bharatiya Nyaya Sanhita, 2023 — Section 298

Injuring or Defiling Place of Worship with Intent to Insult Religion of Any Class

Section 298 punishes a person who destroys, damages or defiles any place of worship, or any object held sacred by any class of persons, either with the intention of insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider the destruction, damage or defilement an insult to their religion. The punishment is imprisonment of up to two years, or fine, or both. It is the Bharatiya Nyaya Sanhita's version of IPC Section 295, and the wording and punishment are the same.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 298 is marked Exact — it descends from one section of the old Indian Penal Code, 1860, with no change in wording or punishment:

BNS 298CoversIPC, 1860 equivalentCategory
298Injuring or defiling place of worship with intent to insult religion of any classS.295 “Injuring or defiling place of worship, with intent to insult the religion of any class”Exact

Comparing the two texts word by word, the operative provision of BNS Section 298 matches IPC Section 295: the same three acts (destroys, damages or defiles), the same two objects (a place of worship, or any object held sacred by any class of persons), the same two alternative mental states (intention of insulting the religion of any class of persons, or knowledge that any class of persons is likely to consider the act an insult to their religion), and the same punishment (imprisonment of either description for up to two years, or fine, or both, with no stated ceiling on the fine). The only difference is in the marginal heading, where the IPC reads “place of worship, with intent to insult the religion of any class” and the BNS heading reads “place of worship with intent to insult religion of any class”; the heading is not part of the operative text.

Quick Reference

Sourced from the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 359 of the BNSS.

Punishment: imprisonment of either description for up to 2 years, or fine, or both.
Cognizable · Non-bailable · not compoundable (BNS 298 appears in neither compounding table of BNSS Section 359; only BNS 302 among the religion offences is listed) · triable by any Magistrate.

Statutory Text (Verbatim)

Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

The offence as a whole

Explanation (Lexovia's Commentary)

It has three parts: the act, the object, and the mental state. The act is that the person destroys, damages or defiles. The Sanhita does not define these three verbs in this section; the words take their ordinary meaning. The object is either a place of worship or any object held sacred by any class of persons. The Sanhita does not define “place of worship” or “sacred” in Section 2; on the words of the section, what matters for the second kind of object is that it is held sacred by a class of persons.

The mental state can be shown in either of two ways, joined by “or”. One is intention: the act is done “with the intention of thereby insulting the religion of any class of persons”. The other is knowledge: the act is done “with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion”. The second route means that a person who does not care about insulting anyone, but knows that the act will likely be taken as an insult, is still within the section. What the section does not punish is a destruction, damage or defilement done without either intent or that knowledge, for example a purely accidental damage; other provisions may apply to such damage, but Section 298 requires the mental state.

The punishment is imprisonment of either description for up to two years, or fine, or both, with no stated ceiling on the fine. Under the BNSS First Schedule the offence is cognizable (the police may arrest without a warrant), non-bailable, and triable by any Magistrate. It is not one of the offences listed in the compounding tables of BNSS Section 359 (the only offence from the religion Chapter listed there is Section 302), so it cannot be compounded. Be careful to distinguish it from its neighbours. Section 299 concerns deliberate and malicious acts intended to outrage the religious feelings of any class by insulting its religion or religious beliefs, and the First Schedule places it before a Magistrate of the first class with a three-year ceiling. Section 300 concerns disturbing a religious assembly. Section 301 concerns trespassing on burial places and similar places. Section 302 concerns uttering words with deliberate intent to wound religious feelings. Section 298 is the only one of these that turns on physical destruction, damage or defilement of a place of worship or sacred object. Where the same act also amounts to mischief, other sections such as Section 324 may be relevant alongside it. Compared with IPC Section 295, the operative wording and the punishment are the same.

Illustration (Lexovia's Own Example)
Ravi, annoyed by a dispute with his neighbours, goes at night to the small roadside shrine that the neighbouring families worship at, breaks the sacred image with a hammer, and smears the wall of the shrine with filth, intending to insult the faith of those families. The shrine is a place of worship and the image is held sacred by a class of persons; he destroyed and damaged the image and defiled the shrine with the intention of insulting their religion, so Section 298 applies. On conviction he may be sentenced to imprisonment of up to two years, or a fine, or both. The offence is cognizable and non-bailable, so the police may arrest him without a warrant and bail is not available as of right, since for a non-bailable offence BNSS Section 480 says only that the accused “may be released on bail”, subject to the limits it states.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

These judgment(s) relate to Section 298 as a whole rather than to one specific sub-section, and so are presented together here rather than alongside a particular clause above.

S. Veerabadran Chettiar v. E.V. Ramaswami Naicker & Ors., [1959] SCR 1211 (Supreme Court of India, decided 25 August 1958, R.P. Sinha, Jafer Imam & K.N. Wanchoo, JJ.)

Quoted Paragraph (Verbatim)
p. 1217 (SCR report pre-dates paragraph numbering)
“There are no such express words of limitation in s. 295 of the Indian Penal Code, and in our opinion, the learned Judge has clearly misdirected himself in importing those words of limitation. Idols are only illustrative of those words. … Any object however trivial or destitute of real value in itself, if regarded as sacred by any class of persons would come within the meaning of the penal section.”
What This Judgment Means (Lexovia's Commentary)

A complainant in Tiruchirappalli alleged that the leader of a community that campaigns against idol worship announced, and then carried out, the breaking of an image of the god Ganesa in public at the Town Hall Maidan on 27 May 1953, intending to insult the religious feelings of those who hold that god in veneration. Two others were said to have helped. The Magistrate dismissed the complaint, holding that a mud figure of Ganesa was not “an object held sacred”; the Sessions Judge agreed, and so did the High Court, which said the phrase covered only idols in temples or idols carried in festival processions.

The Supreme Court held that the lower courts had read the words of old Section 295 of the Indian Penal Code, now Section 298 of the Sanhita, far too narrowly. Nothing in the section limits it to idols in temples or in processions; idols are only illustrative, a sacred book is equally covered, and any object, however trivial, that a class of persons regards as sacred falls within the words. Because the complaint had by then stood dismissed for about five years, the Court did not order further inquiry, but it stressed that courts must be circumspect in such matters and pay due regard to the religious susceptibilities of different classes of persons.

Source: copy of the judgment obtained from the Supreme Court of India's official website.

Related / Cross-Referenced Sections

FAQs

Do I have to intend to insult a religion to be guilty under Section 298?

Not necessarily. The section allows two alternative mental states: the intention of insulting the religion of any class of persons, or the knowledge that any class of persons is likely to consider the destruction, damage or defilement an insult to their religion. Either one is enough.

What kinds of objects are protected?

Any place of worship, and any object held sacred by any class of persons. The section is not tied to any one religion; it covers the places and objects of every class.

Is Section 298 bailable, and which court tries it?

Under the BNSS First Schedule it is cognizable and non-bailable, and it is triable by any Magistrate. It is not compoundable under BNSS Section 359.

What is the punishment?

Imprisonment of either description for up to two years, or fine, or both. The section does not state a ceiling on the fine.

Has anything changed from IPC Section 295?

No. The operative wording and the punishment are the same in both Acts; a word-by-word comparison of the two texts found no difference in them. The only difference is a small variation in the marginal heading, which is not part of the operative text.

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