Section 302 BNS deals with intentionally hurting someone’s religious sentiments through words, sounds, gestures, or the use of objects. If a person deliberately offends another's religious feelings in this way, they may be punished with imprisonment for up to one year, a fine, or both. This offence can be tried by any magistrate.

Section 302 of the BNS corresponds to Section 298 of the Indian Penal Code (IPC), 1860, which also dealt with uttering words with deliberate intent to wound religious feelings. Explore other important Judiciary Notes.

Section 302 BNS: Uttering words, etc., with deliberate intent to wound religious feelings of any person

Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 

Note: “The information provided under Section 302 BNS has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Section 302 BNS Simplified Interpretation 

Section 302 of the Bharatiya Nyaya Sanhita (BNS) 2023 protects people's religious feelings. It makes it a crime to intentionally say words, make sounds or gestures, or put objects in front of someone if it is to hurt their religious sentiments. Section 302 of BNS acknowledges the importance of religious harmony and aims to stop actions that could cause conflict or disrespect towards any religion. An offender under this section can face up to 1 year of imprisonment, a fine, or both. It's important that the action was done with the intention to hurt religious feelings for the offence to fall under Section 302 BNS. The burden of proof is on the prosecution to prove that the person specifically intended to cause that religious hurt. 

Section 302 BNS Essential Elements 

For an offence to be punishable for dacoity under Section 302 BNS 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

1. An Act Committed Through Specified Means:

This element under Section 302 BNS outlines the various ways in which the offence under Section 302 of BNS can be committed. It's not limited to just spoken words but covers a broader range of actions:

• Words Spoken Aloud: Any oral utterance, statement, or expression that is made within the hearing of the person whose religious feelings are intended to be hurt falls under this category. The context of the words must be such that it is likely to wound religious sentiments under Section 302 BNS.
• Sounds Produced: This extends beyond articulate speech to include any auditory emission. This could cover making noises, using sound-producing devices, or even the manner in which sounds associated with a religion are mimicked or distorted with the intention to cause offence under Section 302 of the BNS.
• Gestures Made: This refers to any physical movement intended to convey a meaning that is offensive to someone's religious feelings. These gestures could be symbolic, mocking, or disrespectful representations related to religious practices, figures, or beliefs. The gesture to be an offence under Section 302 BNS must be made within the sight of the person intended to be offended.
• Placement of Objects: This element covers the act of positioning any tangible item in a place where it is likely to be seen by the person whose religious feelings are the target. The object itself, or the manner and context of its placement, must be such that it is reasonably likely to offend Section 302 of BNS.

2. The Act Must Occur Within the Perception of the Person Targeted:

This element emphasizes that the offensive act must be directly perceived by the individual whose religious feelings are intended to be wounded. This means:

• Within Hearing: For spoken words or sounds, the person must be able to hear them. Words spoken in a language the person doesn't understand or sounds made when the person is out of earshot would not qualify under this element unless there's a clear indication that they were intended to be conveyed indirectly and were indeed understood in their offensive context to fall under Section 302 BNS.
• Within Sight: For gestures or the placement of objects, the person must be able to see them. A gesture made behind someone's back or an object placed where the intended person cannot see it would not typically fall under Section 302 of the BNS unless it is subsequently brought to their attention in a manner that fulfills the intention requirement.

3. The Accused Must Have Acted with Deliberate Intention:

This is the most important element and distinguishes unintentional offences from criminal acts under Section 302 BNS. "Deliberate intention" means that the accused must have had a conscious and pre-meditated aim to wound the religious feelings of another person when they committed the act. This requires more than just knowledge that the act might offend; it necessitates a specific purpose to cause such hurt.

Section 302 BNS and Section 298 IPC Comparison 

Section 302 BNS essentially retains the core of Section 298 of the Indian Penal Code, with no changes being done in the punishment or in the main definition:

Judicial interpretation of Section 302 BNS by Indian courts has been an outlining factor in determining the ambit of section 302 of BNS, mentioned hereinafter are some of the landmark judgments :

• Maqbool Fida Husain vs. Raj Kumar Pandey (2008):

The Delhi High Court in this case addressed the application of Section 298 of IPC now, Section 302 BNS in relation to a painting by the renowned artist M.F. Husain. The painting depicted "Bharat Mata" (Mother India) in a nude form, which led to allegations that it was intended to hurt the religious feelings of Indians.The High Court held that Maqbool Fida Husain was not guilty under Section 298 IPC now, Section 302 of the BNS because there was no deliberate intention on his part to wound the religious feelings of any person. The court opined that deliberate Intention is important as Section 298 IPC now Section 302 BNS specifically requires that the act must be done with the "deliberate intention" of wounding religious feelings. The High Court also held that mere knowledge is not sufficient. The court stated that mere knowledge that the religious feelings of another person may be wounded is not sufficient to establish guilt under Section 298. The intention to cause such hurt must be the primary motive. The court recognized art as a form of expression and considered the context of the painting and the artist's perspective. It did not find a deliberate intention to outrage religious sentiments in the artistic depiction.

• Precilla D'Souza vs State Of Karnataka 2021

The Karnataka High Court dismissed the petition to quash the cognizance order and proceedings against the petitioners for offences under Section 298 IPC now, Section 302 BNS that arose from allegations of degrading other religions during their propagation. The High court held that the complaint and witness statements prima facie indicated a deliberate intention to wound religious feelings under Section 302 of BNS, as the petitioners allegedly stated that only Jesus Christ could provide protection and peace, denigrating the Quran and Bhagavadgita. This, according to the court, satisfied the ingredients of Section 298 IPC now, Section 302 of the BNS, which punishes the uttering of words with the deliberate intention to wound religious feelings. 

• Shalibhadra Shah vs. Swami Krishna Bharati 1980

The article at the center of the case, titled "Why Acharya Rajnishji leaves Pune?", appeared in the Gujarati weekly "AASPASS" on July 31st, 1977, and contained remarks about the religious leader Acharya Rajnishji that his devotees considered scurrilous and defamatory, given their worship of him as Bhagwan. These devotees subsequently filed private complaints alleging offences under Sections 295A IPC now, Section 299 BNS and 298 IPC now, Section 302 of the BNS, contending that the published statements deliberately wounded their religious feelings. The Gujarat High Court quashed the process issued against the petitioner for offences under Sections 295A now, Section 299 BNS and 298 IPC now, Section 302 BNS. Regarding Section 298 IPC now, Section 302 of the BNS, the court held that this section does not apply to written articles published in a newspaper or weekly. Therefore, the process issued under Section 298 IPC now, Section 302 of BNS in this case, concerning a written publication, could not be sustained. 

Conclusion

Section 302 of the Bharatiya Nyaya Sanhita, 2023, which corresponds to Section 298 of the Indian Penal Code, criminalizes the act of uttering words, making sounds or gestures, or placing objects with the deliberate intention of wounding the religious feelings of any person. This section aims to preserve and protect religious harmony and prevent intentional acts that could aggravate discord by targeting the deeply held beliefs of individuals. The requirement of "deliberate intention" is the most important element of Section 302 BNS. The punishment given under this section is imprisonment up to one year, a fine, or both.