Introduction of 302 BNS
302 BNS addresses deliberate acts intended to hurt the religious feelings of any individual. It covers uttering words, making sounds, gestures, or placing objects with the clear purpose of offending someone’s religious sentiments. By replacing IPC Section 298, this provision ensures that malicious attempts to provoke or insult religious beliefs are punishable under law. It reinforces mutual respect, prevents misuse of speech, and helps maintain harmony in India’s diverse and multi-faith society.
The Bharatiya Nyaya Sanhita (BNS) Section 302 replaces the old Indian Penal Code (IPC) Section 298.
- Introduction of 302 BNS
- The Bharatiya Nyaya Sanhita (BNS) Section 302 replaces the old Indian Penal Code (IPC) Section 298.
- What is BNS Section 302 ?
- Under Section 302 of the bns act 2023
- Section 302 BNS Overview
- BNS 302 Punishment
- BNS 302 bailable or not ?
- Comparison: BNS Section 302 vs IPC Section 298
- Conclusion
- Need Legal Support?
What is BNS Section 302 ?
Section 302 of the Bharatiya Nyaya Sanhita penalizes anyone who, with a deliberate intention to wound the religious feelings of another person, engages in actions such as speaking, making sounds, gestures, or placing objects that offend religious sentiments. Punishment may include imprisonment of up to one year, a fine, or both.
Under Section 302 of the bns act 2023
“Whoever, with deliberate intention of wounding the religious feelings of any person, utters any word, 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 up to one year, or with fine, or with both.”
1. Meaning of Section 302
- This section punishes deliberate and intentional acts aimed at hurting the religious feelings of an individual.
- Acts include spoken words, sounds, gestures, or placement of objects intended to cause offense.
- The key element is malicious intent — accidental or unintentional acts are not punishable.
- The objective is to prevent disrespect to religious sentiments and maintain social harmony.
2. Who is Covered?
This section applies to:
- Individuals making offensive remarks – uttering words meant to insult someone’s faith.
- Persons using sounds or gestures – mocking chants, gestures, or body language intended to wound religious feelings.
- Those placing objects offensively – placing insulting or derogatory items in sight of a person to mock their beliefs.
- Public or private offenders – whether in a crowd, online, or one-to-one, if the intent to insult exists, liability arises.
3. Nature of the Offense
- Non-Cognizable → Police require prior approval of a Magistrate to investigate or arrest.
- Bailable → The accused has the right to apply for bail.
- Non-Compoundable → The matter cannot be settled privately; a trial must proceed.
- Triable by → Any Magistrate.
4. Examples of BNS Section 302
- Example 1 – Offensive Words
A person deliberately mocks another’s deity in conversation, knowing it will hurt religious feelings → Punishable under Section 302. - Example 2 – Insulting Gestures
During a religious ceremony, someone makes obscene gestures to offend the participants → Covered under Section 302. - Example 3 – Placing Objects
An individual deliberately places a derogatory symbol in front of a place of worship to insult believers → Offense under Section 302. - Example 4 – Intentional Sounds
A person intentionally imitates sacred chants in a mocking tone near worshippers → Liable under Section 302.
5. Punishment under BNS Section 302
- Imprisonment → Up to 1 year.
- Fine → Monetary penalty may be imposed by the court.
- Both → Depending on the seriousness of the act, imprisonment and fine can be combined.
6. Importance of BNS Section 302
- Protects individual dignity and religious freedom.
- Ensures respectful coexistence among diverse communities.
- Prevents provocation or conflicts arising from intentional insults.
- Reinforces that freedom of speech cannot be misused to wound religious feelings.
Section 302 BNS Overview
Bharatiya Nyaya Sanhita (BNS) Section 302 addresses acts committed with the deliberate intention to wound the religious feelings of another person. This includes uttering words, making sounds, gestures, or placing objects in a way that offends someone’s religious sentiments. It ensures respect for diverse religious beliefs and penalizes actions that could disrupt societal harmony. The section prescribes punishment of up to one year of imprisonment, a fine, or both. It is non-cognizable, bailable, and triable by any Magistrate.
BNS Section 302: 10 Key Points Explained in Detail
1.Protection of Religious Feelings
Section 302 is specifically designed to safeguard religious sentiments. It ensures that individuals do not deliberately harm the religious beliefs or feelings of others. By addressing such actions, the law aims to maintain communal harmony and respect for all religions. This section recognizes the emotional and spiritual importance of religion in people’s lives and seeks to prevent any acts that could disrupt social peace.
2.Deliberate Intention is Crucial
For this law to apply, the act must be committed with a deliberate intention to wound someone’s religious feelings. Accidental or unintentional actions are not punishable under this section. The requirement of intent ensures that only those who act maliciously are held accountable, making the law fair and balanced.
3.Wide Scope of Offensive Acts
This section covers a variety of actions, including uttering words, making sounds, gestures, or placing objects, which are likely to offend someone’s religious sentiments. The act can take many forms, but the key aspect is its impact on the offended individual. This broad coverage ensures that no malicious act is left unaddressed.
4.Public and Private Acts
Section 302 applies irrespective of whether the offensive act is committed in public or private. The primary focus is on the intent and its effect on the offended person, not on the location of the act. This ensures that individuals cannot escape accountability by claiming privacy.
5.Punishment as a Deterrent
The section prescribes a punishment of imprisonment for up to one year, a fine, or both. This dual approach allows the court to impose penalties based on the severity of the offense. The possibility of imprisonment acts as a deterrent, discouraging individuals from committing such acts.
6.Non-Cognizable Offense
Section 302 is classified as a non-cognizable offense, meaning the police cannot arrest the accused without prior permission from a Magistrate. This ensures that the law is not misused for personal vendettas or minor disputes and maintains a balance between justice and individual rights.
7.Bailable Nature
The offense is bailable, meaning the accused can seek bail and avoid detention while awaiting trial. This classification ensures that individuals are not unnecessarily deprived of their liberty for offenses that may not be severe.
8.Non-Compoundable Offense
The offense under Section 302 is non-compoundable, which means that it cannot be privately settled between the parties involved. Legal proceedings must continue to ensure justice and uphold the law’s intent to maintain communal harmony.
9.Role of Intent in Application
The law emphasizes the offender’s intent. Even if the act doesn’t result in physical harm, the emotional and spiritual impact caused by the offender’s deliberate actions is enough to invoke this section. The focus on intent underscores the law’s sensitivity to religious issues.
10.Jurisdiction and Trial
Cases under Section 302 are triable by any Magistrate. This ensures accessibility to justice for individuals whose religious sentiments have been hurt. The involvement of Magistrates ensures that the cases are handled with due consideration for their seriousness and societal impact.
Examples of BNS Section 302
- Mocking a Religious Practice:
A person intentionally mocks a community’s religious practice during a public event by making offensive gestures or remarks, knowing it would hurt the sentiments of those present. This deliberate act falls under BNS Section 302, as it aims to wound the religious feelings of others. - Placing an Offensive Object:
An individual places a derogatory symbol or object in front of a place of worship to insult the faith of those who visit. Such an act, done with the deliberate intent to offend, is punishable under this section.
BNS 302 Punishment
Imprisonment: The offender may be sentenced to up to one year in jail.
Fine: A monetary penalty may be imposed, either alongside imprisonment or as a standalone punishment.
BNS 302 bailable or not ?
BNS Section 302 is a bailable offense, which means the accused has the right to obtain bail from the police or Magistrate. Since it is non-cognizable, the police require prior approval from a Magistrate to investigate or arrest.
Comparison: BNS Section 302 vs IPC Section 298
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 302 | Uttering words, making sounds, gestures, or placing objects with deliberate intent to wound the religious feelings of any person. | Imprisonment up to 1 year, or fine, or both. | Bailable | Non-cognizable | Any Magistrate |
| IPC Section 298 (Old) | Uttering words, etc., with intent to wound the religious feelings of any person (older phrasing; similar subject-matter). | Imprisonment up to 1 year, or fine, or both. | Bailable | Non-cognizable | Any Magistrate |
BNS Section 302 FAQs
What does BNS Section 302 prohibit?
It prohibits any deliberate act, such as words, sounds, gestures, or objects, intended to hurt someone’s religious feelings.
What is the primary aim of this BNS 302 law?
The law aims to protect religious sentiments and promote mutual respect among people of different faiths.
Who can try offenses under BNS Section 302?
Any magistrate can preside over cases related to this section.
Is BNS 302 this offense cognizable or non-cognizable?
It is non-cognizable, meaning police require prior approval from a magistrate to investigate.
Conclusion
BNS Section 302 plays a crucial role in ensuring that religious harmony is not undermined by deliberate insults or provocations. By penalizing words, sounds, gestures, or actions done with malicious intent, it safeguards individuals from emotional harm and prevents potential conflicts. Its balanced framework—being bailable and non-cognizable—ensures fairness while discouraging misuse of freedom of expression. In a country where diverse beliefs coexist, Section 302 serves as a reminder that respect and tolerance are the foundation of a peaceful society.
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Finished with BNS 302 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
CHAPTER XVII OF OFFENCES AGAINST PROPERTY.
- 303 BNS : Theft.
- https://marriagesolution.in/bns_section/303-bns/
- 304 BNS : Snatching.
- https://marriagesolution.in/bns_section/304-bns/
- 305 BNS : Theft in a dwelling house, or means of transportation or place of worship etc .
- https://marriagesolution.in/bns_section/305-bns/
- 306 BNS : Theft by clerk or servant of property in possession of master.
- https://marriagesolution.in/bns_section/306-bns/
- 307 BNS :Theft after preparation made for causing death, hurt or restraint in order to the committing of theft.
- https://marriagesolution.in/bns_section/307-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list