Section 298 of Bharatiya Nyaya Sanhita (BNS) 2023: Injuring or defiling place of worship with intent to insult religion of any class.
Injuring or defiling place of worship with intent to insult religion of any class. Bharatiya Nyaya Sanhita 2023
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.
1. What constitutes an offense under this section of the Bharatiya Nyaya Sanhita 2023?
The offense under this section occurs when a person destroys, damages, or defiles a place of worship or any sacred object with the intent to insult the religion of any class of persons or knowing that their actions would likely be seen as an insult by others. This covers a broad range of acts, from physical destruction of religious structures to damaging items considered sacred.
2. What is the punishment for committing this offense?
The punishment for committing this offense can include:
- Imprisonment for a term which may extend up to two years,
- A fine, or
- Both imprisonment and a fine.
The severity of the punishment will depend on the circumstances of the offense, though it has a specified maximum term of imprisonment.
3. Can a person be convicted if they did not intend to insult a religion, but their actions were likely to be seen as an insult?
Yes. Even if the person did not have the specific intent to insult a religion, if it can be shown that they knew their actions were likely to be perceived as an insult to religious sentiments, they can still be convicted. The law considers knowledge of the potential insult as sufficient for prosecution, focusing on the consequences of the action rather than the intent alone.