Injuring or defiling place of worship, with intent to insult the religion of any class
BNS section 298, which corresponds to IPC section 295, addresses the offense of injuring or defiling a place of worship with the intent to insult the religion of any class of persons.
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 298, BNS
1. Purpose of the Law
Section 298 of the Bharatiya Nyaya Sanhita (“BNS”) was introduced to protect the sanctity of places of worship in India, by making the act of damaging or defiling a place of worship a punishable offence. However, such act must be carried out with the intention to insult the religion of a class of persons to constitute an offence under this provision.
2. Penalties for Non-Compliance
Section 298 of the BNS provides for imprisonment of up to two years or a fine, or even both.
3. Significance
Section 298 of the BNS recognises the necessity to promote harmony and respect between persons of all religions and prevent any acts of aggression against sacred places of worship.
Offence : Defiling, etc., place of worship, with intent to insult the religion of any class.
Punishment : Imprisonment for 2 years, or fine, or both.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Any Magistrate.
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