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IPC 297 vs BNS 297

● Retained in BNS
Indian Penal Code, 1860 § IPC 297

Trespass on burial places, etc., with intent to insult religion or hurt feelings


Section 297 of the Indian Penal Code, 1860, deals with trespassing on places of worship, burial grounds, or cremation sites with the intention to insult a religion or hurt religious feelings. This law ensures respect for sacred sites and protects the sentiments of communities regarding their religious practices.

Key points:

  • Applies to anyone who enters or remains in sacred or burial grounds with malicious intent.

  • The offense requires intent to insult a religion or hurt the feelings of those practicing it.

  • Punishment: Imprisonment up to 1 year, or fine, or both.

Example: A person entering a cemetery to vandalize graves or make derogatory statements about the religion of the deceased would fall under IPC 297. The law ensures protection of religious sanctity and communal harmony.

VS
Bharatiya Nyaya Sanhita, 2023 § BNS 297

Trespass on burial places, etc., with intent to insult religion or hurt feelings


Section 297 of the Bharatiya Nyaya Sanhita, 2023, mirrors IPC 297. It punishes individuals who trespass into burial grounds, temples, mosques, churches, or cremation grounds with intent to insult religion or hurt feelings.

Key points:

  • Covers all sacred and religious sites where intrusion is intended to cause offense.

  • Intent to insult or hurt religious feelings is necessary for the offense.

  • Punishment: Imprisonment up to 1 year, or fine, or both (same as IPC).

Example: A person entering a mosque to write offensive graffiti on the walls would be liable under BNS 297. This ensures respect for religious spaces and accountability for acts intended to offend religious sentiments.

What changed?

This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 297 to BNS BNS 297.