Code: Section 302 BNS
Whoever, with the deliberate intention of wounding the religious feelings of any
person, utters any word or makes any sound in the hearing of that person or makes any
gesture in the sight of that person or places any object in the sight of that person, shall be
punished with imprisonment of either description for a term which may extend to one year, or
with fine, or with both.
Explanation of Section 302 BNS
Section 302 aims to protect religious sentiments from being intentionally hurtful. It focuses on deliberate actions (spoken, visual, or physical) that can provoke, offend, or insult someone’s religious beliefs.
The section is designed to promote religious harmony and prevent communal tensions by penalizing intentional religious insults.
Illustration
Example 1: Offensive Remarks in Public
A person publicly makes derogatory remarks about another religion during a gathering. This can be punished under Section 302.
Example 2: Offensive Gestures
Someone makes a gesture that mocks a religious symbol in front of a religious community. This act is punishable.
Example 3: Placing Offensive Objects
Placing an object with offensive religious symbols in front of a place of worship with the intention to insult is an offense under this section.
Common Questions and Answers on Section 302 BNS
1. What is the key element for punishment under this section?
- Answer: Deliberate intention to wound someone’s religious feelings. The offense requires the person to act with specific intent, not by accident.
2. Does this apply to written content or only spoken words?
- Answer: It applies to spoken words, gestures, and even written content if it’s intended to hurt religious sentiments.
3. Is this section applicable to online content?
- Answer: Yes, online content such as social media posts, videos, or images that intentionally hurt religious feelings can be punished under this section.
4. Can a person be punished if they didn’t intend to offend?
- Answer: No. The law requires deliberate intent. Unintentional remarks or actions without the purpose to offend are not covered under Section 302.
Conclusion
Section 302 BNS is vital for maintaining religious peace and social harmony in India’s diverse society. It ensures that freedom of speech and expression is practiced responsibly, without hurting the religious sentiments of others.
This law is a step towards building an environment of mutual respect, tolerance, and understanding among different communities.
