Code: Section 298 BNS
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.
Explanation of Section 298 BNS
Section 298 of the Bharatiya Nyaya Sanhita (BNS) focuses on the protection of religious sentiments and sacred spaces. This law criminalizes actions that intentionally insult the religion of any community by damaging places of worship or defiling sacred objects.
The law aims to maintain communal harmony, prevent religious conflicts, and ensure that individuals respect the religious beliefs and sacred symbols of others.
Illustration
Example 1: Damaging a Religious Idol
A person vandalizes a Hindu temple and damages the deity’s idol with the intent to insult Hinduism. This act would be punishable under Section 298.
Example 2: Defiling a Mosque Wall
Someone sprays offensive graffiti on the wall of a mosque, intending to insult the Muslim community. This act also falls under the purview of Section 298.
Example 3: Disrespecting a Sacred Book
If a person burns a religious scripture like the Bible, Quran, or Gita, intending to insult the religion, it could be prosecuted under this section.
Common Questions and Answers on Section 298 BNS
1. What is meant by “defiling” a place of worship?
- Answer: Defiling includes any act that damages, disrespects, or pollutes a religious site or sacred object, such as vandalism, graffiti, burning, or any other form of desecration.
2. Does this section apply to online actions?
- Answer: Yes, online defamation or posting offensive content about religious symbols, places, or beliefs can be prosecuted under this section, especially if it leads to public outrage or communal tension.
3. What are the punishments for violating Section 298?
- Answer: The punishment includes:
- Up to 2 years of imprisonment, or
- A fine, or
- Both imprisonment and fine.
4. Can this law be misused to target individuals unfairly?
- Answer: While the law aims to protect religious sentiments, like any other law, it can be misused if not applied carefully. Courts examine the intent behind the act to ensure fairness.
Conclusion
Section 298 of the Bharatiya Nyaya Sanhita (BNS) is a vital legal provision that safeguards the religious sentiments of individuals and communities in India. It ensures that places of worship and sacred objects are treated with the respect they deserve, promoting religious tolerance and social harmony.
Respect for diverse religions is a cornerstone of India’s secular fabric, and this section reinforces that value.
