IPC Section 298 and BNS Section 302: Deliberately Wounding Religious Feelings
Section 298 of the Indian Penal Code, 1860 punished words, sounds, gestures and objects used with the deliberate intention of wounding the religious feelings of a person. The corresponding current provision is Section 302 of the Bharatiya Nyaya Sanhita, 2023 (BNS), effective from 1 July 2024.
What is IPC Section 298?
IPC Section 298, titled Uttering words, etc., with deliberate intent to wound religious feelings, applied when a person, with the deliberate intention of wounding another person's religious feelings, uttered words or made sounds within that person's hearing, made gestures within that person's sight, or placed an object within that person's sight. The maximum punishment was one year's imprisonment of either description, or fine, or both.
What is BNS Section 302?
BNS Section 302, in Chapter XVI (Offences Relating to Religion), substantially retains the earlier rule. In substance, a person commits the offence if, with the deliberate intention of wounding the religious feelings of any person, the person utters words or makes sounds in that person's hearing, makes a gesture in that person's sight, or places an object in that person's sight.
The section prescribes imprisonment of either description for a term extending to one year, or fine, or both. It does not itself specify a numerical maximum fine. The exact facts and evidence determine whether the offence is made out.
Essential ingredients of BNS Section 302
- Deliberate intention: The conduct must be accompanied by an actual, deliberate intention to wound a person's religious feelings. Accidental speech or an unintentional gesture does not automatically meet this element.
- Specified conduct: The conduct must involve spoken words, sounds, gestures or the placement of an object of the kind described in the section.
- Hearing or sight: The words or sounds must be in the hearing of the person concerned, or the gesture or object in that person's sight, as the case may be.
- Religious feelings of a person: The alleged intention must concern that person's religious feelings. Evidence of context, communication and purpose is important.
Meaning of deliberate intention
Deliberate intention refers to a conscious purpose, rather than mere carelessness, disagreement or an inadvertent remark. It may be inferred from words, actions and surrounding circumstances, but must be proved according to law. Mere offence taken by a listener does not by itself establish the required intention.
Words, sounds, gestures and objects
The section covers more than speech. A sound made within someone's hearing, a gesture made within their sight or an object deliberately placed within their sight can fall within the statutory categories, provided the remaining ingredients are established.
Practical illustrations and legal limits
- Potentially covered: A person intentionally directs words at another person specifically to wound that person's religious feelings, and the words are spoken in that person's hearing. The prosecution would still need to prove the required intention and other elements.
- Potentially covered: A person deliberately displays an object in another person's sight for the purpose described in the provision.
- Not automatically covered: A good-faith academic discussion, a theological disagreement or an accidental remark that somebody finds offensive, without proof of the deliberate intention required by the section.
These are explanatory illustrations, not determinations of criminal liability. Constitutional protections, context and the evidence must be considered in each case.
Punishment, cognizability, bail and trial
| Issue | BNS Section 302 / BNSS First Schedule |
|---|---|
| Maximum imprisonment | One year, of either description |
| Fine | Fine may be imposed; no specific maximum stated in Section 302 |
| Cognizability | Non-cognizable |
| Bail | Bailable |
| Court | Any Magistrate |
Non-cognizable generally means police cannot arrest without a warrant solely for this offence and investigation ordinarily requires the applicable Magistrate's order under BNSS provisions governing non-cognizable cases. Bailable means bail is available as a statutory right subject to applicable legal procedure. Where additional offences are alleged, the overall procedural position may differ.
IPC Section 298 compared with BNS Section 302
| Aspect | IPC Section 298 | BNS Section 302 |
|---|---|---|
| Legislation | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Subject | Deliberate wounding of religious feelings by words, sounds, gestures or objects | Substantially corresponding offence |
| Maximum imprisonment | One year | One year |
| Fine | Fine, or imprisonment, or both | Fine, or imprisonment, or both |
| Application | Relevant to conduct governed by the former law | Applicable from 1 July 2024, subject to transitional and saving rules |
Important numbering distinction: BNS Section 302 is not the provision for murder. References to "Section 302" must identify whether the IPC or the BNS is being discussed.
Related provisions and distinction from other religious offences
- IPC Section 295A / BNS Section 299 concerns deliberate and malicious acts intended to outrage the religious feelings of a class of citizens by insulting its religion or beliefs. Its wording and punishment differ from BNS Section 302.
- IPC Section 295 / BNS Section 298 addresses damage or defilement of places of worship or sacred objects with the specified intention or knowledge.
- IPC Section 296 / BNS Section 300 deals with voluntary disturbance of a lawful religious assembly.
- IPC Section 297 / BNS Section 301 concerns burial places, funeral rites and indignity to human corpses.
Freedom of speech and religion under Articles 19 and 25 of the Constitution must be understood alongside applicable criminal laws and constitutionally permissible restrictions. Not every expression of criticism, disagreement or hurt feelings satisfies a criminal offence.
Frequently asked questions
What is the BNS equivalent of IPC Section 298?
BNS Section 302 corresponds to IPC Section 298 and applies under the new criminal law framework from 1 July 2024.
What is the punishment under BNS Section 302?
Imprisonment of either description for up to one year, or fine, or both. The provision does not state a fixed maximum fine.
Is BNS Section 302 cognizable?
No. The BNSS First Schedule classifies Section 302 as non-cognizable.
Is BNS Section 302 bailable?
Yes. It is bailable and triable by any Magistrate under the BNSS First Schedule.
Does an accidental or unintended remark automatically attract this section?
No. Deliberate intention to wound the religious feelings of a person is a statutory ingredient that must be established.
Does Section 302 of the BNS mean murder?
No. BNS Section 302 concerns deliberately wounding religious feelings; IPC Section 302 historically dealt with punishment for murder. The numbering changed under the BNS.
Official legal sources
- India Code - official repository of Central legislation (consult the Bharatiya Nyaya Sanhita, 2023, Section 302, and the Indian Penal Code, 1860, Section 298).
- NCRB - Bharatiya Nyaya Sanhita chapter-wise text.
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 (First Schedule).
- Ministry of Home Affairs - notifications and legislative updates.
Legal note: This article is general legal information updated on 30 October 2026. For any actual incident, verify the applicable statutory text, date of occurrence, State-specific changes, and relevant judicial orders before relying on a section number or offence classification.