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INDIAN KANOON SECTION 297 IPC - Indian Penal Code - Trespassing on burial places, etc

  • Description

    Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.


    Applicable Offences

    Trespassing in place of worship or sepulchre, disturbing funeral with intention to wound the feeling or to insult the religion of any person, or offering indignity to a human corpse
    Punishment - 1 Year or Fine or Both
    This is a Non-Bailable, Cognizable offence and triable by Any Magistrate

    This offence in NOT compoundable.


    1.If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

    2.If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

    3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.

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Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
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  Greater Kailash 1
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  District Court
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