Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Illustrations.
- A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section.
- A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section.
Explanation: Section 354 of the Bharatiya Nyaya Sanhita, 2023 creates an offence based on the idea of someone being threatened or deceived through a fear of divine displeasure. In other words, it criminalizes compelling some other person to act (or refrain from acting) through the belief that failing to comply will expose that person, or a loved one of that persons, to God’s anger, curse or punishment.
So, the section essentially criminalizes exploitation of superstition or the misuse of religious sentiments through the act of controlling another person and stopping them from exercising free will by threats of spiritual harm or God’s wrath.
Essential Ingredients
In order for an action to fall within Section 354 BNS, several requirements must be satisfied:
- Inducement or Attempt to Induce – The offender must cause or attempt to cause another person to perform an action that the person is not legally required to complete or compel the person to stop performing an action they are entitled to complete.
- Use of Divine Displeasure – The inducement must contain an insinuation that Divine displeasure or wrath will fall upon them or someone they care about.
- Voluntary Act – The action must be performed on purpose, and not on accident.
- Objective of Compulsion – The offender must be doing this in order to compel the victim to act or omit an action in a specific way that will be advantageous to the offender.
Punishment
- The section provides that the maximum punishment is 1 year of imprisonment, or a fine, or both.
This is a notably lighter sentence and demonstrates that while this is a morally serious wrong, it is not taken as seriously as direct harm on a person, however, it does acknowledge the psychological and emotional exploitation that can occur with misuse of faith.
Explanation of Illustrations
- Illustration (a): Where A sits down in front Z’s house in protest and tells Z that this act makes Z an object of God’s wrath this is punishable. A is abusing Z’s belief system and forcing Z into compliance with pressure.
- Illustration (b): Where A threatens Z that if Z does not do something then A will kill their own child, and B (through these actions) creates the belief that Z will be subject to divine wrath, has committed the offence. This demonstrates the extent to which coercion can go to misuse the context of any religious fear.
Judicial Perspective and Implications
Although there may not be any direct case law on this provision (because of its unique nature) the courts in India have been consistent in their position on practices involving superstition, the blind faith, and exploitation under the guise of religion. The courts have applied similar logic when presented with cases involving tantriks, false god men, or ritualistic practices involving threats of curses designed to instill terror and compliance.
This section very much operates in line with constitutional guarantees of freedom, and rationality and ensures that a person is not forced into action derived from designs that appeal to a belief that they must fear God and/or divine expectation.
Significance of the Section
- Prevents the abuse of religion – It provides protection against the exploitation of religion, or belief in God, as a weapon for exploitation.
- Protects free will – It ensures that people are not compelled against their will and rights by the threat of spiritual sanction.
- Encourages rationality – It encourages a scientific temper, as enshrined in Article 51A of the Constitution, by discouraging coercion based on superstition.