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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.



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.


298 BNS punishes acts that harm or defile sacred places or objects.
Strict penalties for offenses targeting sacred places and religious objects.

BNS 298 in Simple Points

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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

  1. 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.
  2. 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.


Punishment details for BNS Section 298 include imprisonment and fines.
Offenders may face up to 2 years of imprisonment and a court-determined fine.

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 SectionOffensePunishmentBailable/Non-BailableCognizable/Non-CognizableTrial By
298Injuring or defiling places of worship with intent to insult any religion.Imprisonment up to 2 years, fine, or both.Non-bailableCognizableAny Magistrate
Bharatiya Nyaya Sanhita Section 298

BNS Section 298 FAQs

What does BNS Section 298 address?

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?

What type of offense is classified under BNS Section 298?

Who tries cases under BNS Section 298?

Can unintentional acts be prosecuted under BNS Section 298?


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