Introduction of 298 BNS
298 BNS addresses offenses related to harming or defiling places of worship or sacred objects with the intent to insult the religion of any class of people. It aims to protect religious sentiments and promote harmony by penalizing acts that deliberately disrespect sacred places or objects.
The Bharatiya Nyaya Sanhita (BNS) Section 298 replaces the old Indian Penal Code (IPC) Section 295.
- Introduction of 298 BNS
- What is BNS Section 298 ?
- BNS 298 in Simple Points
- Section 298 BNS Overview
- BNS 298 Punishment
- BNS 298 bailable or not ?
- Bharatiya Nyaya Sanhita Section 298
- BNS Section 298 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 298 ?
BNS Section 298 penalizes anyone who destroys, damages, or defiles a place of worship or sacred object with the intent to insult or with knowledge that it could insult the religion of any class. Such acts are punishable by imprisonment of up to two years, a fine, or both.

BNS 298 in Simple Points
- Protection of Religious Harmony
This section safeguards the sanctity of religious places and sacred objects. By penalizing intentional harm or defilement, it prevents actions that could disrupt societal harmony and create religious tensions. The law ensures that individuals respect the sentiments of all religious groups. - Intent and Knowledge as Key Elements
The offense under this section requires either intent to insult a religion or knowledge that the act could likely insult religious sentiments. This ensures that accidental or unintentional acts are not punished under this provision. Intentional actions, however, face stringent consequences. - Punishment for the Offense
The prescribed punishment is imprisonment of up to two years, a fine, or both. This balanced approach serves as a deterrent while allowing courts to determine appropriate sentences based on the gravity of the offense and its impact on society. - Classification of the Offense
The offense is cognizable, meaning the police can take immediate action without prior approval from a magistrate. It is non-bailable, highlighting the seriousness of the crime. This classification emphasizes the need to prevent such acts from escalating into larger conflicts. - Triable by Any Magistrate
Cases under Section 298 are triable by any magistrate, ensuring timely judicial intervention. This provision helps address grievances promptly, preventing prolonged tension within communities.
Section 298 BNS Overview
BNS Section 298 addresses the offense of damaging, defiling, or destroying places of worship or sacred objects with the intent to insult the religion of any class. It aims to protect religious harmony by penalizing actions that deliberately disrespect or harm religious sentiments.
10 Key Points
- Protection of Religious Sentiments
BNS Section 298 ensures that every individual respects the religious beliefs of others. It protects the sanctity of places of worship and sacred objects, which hold deep spiritual significance for religious communities. By criminalizing acts of defilement or harm, the section seeks to maintain harmony among diverse religious groups. - Intent as the Basis of the Offense
The offense is not based on accidental actions but requires clear intent to insult the religion of a class. Alternatively, if a person knowingly performs an act that they are aware could insult a religion, they are equally liable. This focus on intent ensures that genuine errors or unintended actions are not criminalized. - Types of Acts Punished Under This Section
Acts like destroying a temple, damaging sacred idols, or defiling a holy book fall under this section. It encompasses any deliberate action aimed at disrespecting places or objects considered sacred by a particular community. The broad scope ensures comprehensive protection for all religious groups. - Punishment for Violations
A person found guilty under Section 298 may face imprisonment for up to two years, a fine, or both. This punishment serves as a deterrent, discouraging individuals from engaging in such disrespectful acts. The term of imprisonment and the amount of the fine can vary based on the severity of the offense. - Non-Bailable Nature of the Offense
The offense is classified as non-bailable. This means that the accused cannot secure bail as a matter of right but must seek the discretion of the court. The non-bailable status underscores the seriousness of the offense and its potential impact on public harmony. - Cognizable Offense Classification
BNS Section 298 is a cognizable offense, allowing police authorities to take immediate action without prior approval from a magistrate. This provision ensures that incidents are addressed swiftly to prevent escalation and maintain public order. - Applicability to Any Religious Community
This section is not limited to protecting a particular religion but applies universally to all faiths. It demonstrates India’s commitment to secularism and equality by ensuring that the religious sentiments of every community are equally safeguarded. - Trial Procedure
Cases under Section 298 are triable by any magistrate. This provides accessibility and ensures that even at the grassroots judicial level, such offenses can be addressed efficiently. This approach helps in providing timely justice to aggrieved parties. - Societal Importance of Section 298
The section plays a crucial role in maintaining societal harmony in a multicultural nation like India. By penalizing acts that harm religious sentiments, it fosters mutual respect and discourages actions that could lead to communal tensions or conflicts. - Focus on Awareness and Deterrence
Beyond punishment, Section 298 emphasizes the need for individuals to act responsibly and avoid actions that may insult others’ beliefs. It acts as a preventive measure, reminding citizens of the consequences of disrespecting sacred symbols or places of worship.
Examples of BNS Section 298
- Vandalizing a Temple
A person intentionally breaks the idols in a temple, knowing that it would insult the sentiments of the worshippers. This act falls under Section 298 as it defiles a place of worship with intent to insult a religion. - Defiling Sacred Objects
A person desecrates a holy book by tearing its pages in public, intending to provoke and insult the followers of that religion. This deliberate act also comes under the scope of Section 298.
BNS 298 Punishment
Punishment
A person found guilty under BNS Section 298 for injuring or defiling a place of worship with the intent to insult a religion can face imprisonment for a term of up to two years.
Fine
In addition to imprisonment, the offender may be required to pay a monetary fine. The exact amount is determined by the court, taking into consideration the circumstances of the offense. The punishment can also include both imprisonment and a fine, depending on the gravity of the act.

BNS 298 bailable or not ?
BNS Section 298 is non-bailable, meaning the accused does not have the right to bail automatically. The decision to grant bail lies solely with the court, which considers factors like the seriousness of the offense and its impact on public order before making a decision.
Bharatiya Nyaya Sanhita Section 298
BNS Section | Offense | Punishment | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Trial By |
---|---|---|---|---|---|
298 | Injuring or defiling places of worship with intent to insult any religion. | Imprisonment up to 2 years, fine, or both. | Non-bailable | Cognizable | Any Magistrate |
BNS Section 298 FAQs
What does BNS Section 298 address?
It addresses acts of harming or defiling places of worship or sacred objects with intent to insult a religion or religious class.
What punishment does BNS Section 298 prescribe?
The punishment can be imprisonment of up to two years, a fine, or both, depending on the severity of the offense.
Is BNS Section 298 a bailable offense?
No, it is a non-bailable offense due to its serious nature.
What type of offense is classified under BNS Section 298?
It is a cognizable offense, allowing police to take immediate action.
Who tries cases under BNS Section 298?
Cases are triable by any magistrate, ensuring accessibility to the judicial system for resolving such matters.
Can unintentional acts be prosecuted under BNS Section 298?
No, the section specifically addresses intentional acts or those performed with knowledge that they could insult a religion.
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