302 BNS

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Introduction of 302 BNS

BNS Section 302 deals with actions that deliberately intend to hurt the religious feelings of another person. It includes uttering words, making sounds, gestures, or placing objects with such intent. The section aims to maintain communal harmony and protect individuals from acts that provoke or insult their religious sentiments.

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The Bharatiya Nyaya Sanhita (BNS) Section 302 replaces the old Indian Penal Code (IPC) Section 298.

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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.

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BNS 302 in Simple Points

1. Protection Against Religious Offense

BNS Section 302 protects individuals from actions intended to harm their religious sentiments. Religion plays a vital role in the lives of many, and this section ensures that no one deliberately insults or hurts another’s beliefs. By penalizing such acts, it maintains mutual respect among different communities. The section specifically targets acts that disrupt the delicate balance of religious harmony in society, ensuring a peaceful coexistence of diverse beliefs.

2. Importance of Deliberate Intention

The section only applies to acts committed with a deliberate intention to offend. Accidental actions or unintentional remarks are not punishable under this provision. This ensures fairness by penalizing only those with malicious intent. For instance, someone making a casual remark without realizing its religious implications would not be guilty, but someone knowingly mocking a sacred practice would fall under this law. The focus on intent prevents misuse of the law.

3. Covers Various Forms of Offense

Section 302 has a broad scope, addressing multiple ways in which religious feelings can be wounded. It includes words spoken or written, sounds made intentionally, offensive gestures, and even the placement of objects meant to insult someone’s faith. This ensures no malicious act is overlooked, whether it occurs in a public setting, private conversation, or through visual representation. For example, placing an object to mock a religious symbol is as punishable as offensive speech.

4. Punishment as a Deterrent

The section prescribes a punishment of imprisonment for up to one year, a fine, or both. This dual penalty allows courts to impose appropriate punishments based on the severity of the offense. The possibility of imprisonment serves as a strong deterrent, discouraging individuals from committing such acts. The fine ensures accountability even in cases where imprisonment may not be imposed. This balanced punishment framework reinforces the law’s intent to uphold respect for religious beliefs.

5. Legal Classification and Trial Process

BNS Section 302 is classified as a non-cognizable and bailable offense. This means that police cannot arrest the accused without the permission of a Magistrate, ensuring protection against misuse of the law. Since it is also non-compoundable, parties cannot settle the matter privately, ensuring legal proceedings take their due course. The case is triable by any Magistrate, ensuring accessibility to justice for those whose religious sentiments have been hurt.

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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

1. 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.
2. 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.

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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.

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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.

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Bharatiya Nyaya Sanhita Section 302

BNS Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Trial by
302	Uttering words or gestures with intent to wound religious feelings	Imprisonment up to 1 year, fine, or both	Bailable	Non-cognizable	Any Magistrate

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BNS Section 302 FAQs

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