Bharatiya Nyaya Sanhita, 2023

BNS Section 298

Injuring or defiling place of worship with intent to insult religion of any class

In one line

BNS Section 298 deals with injuring or defiling place of worship with intent to insult religion of any class and replaces IPC 295.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
298Defiling, etc., place of worship, with intent to insult the religion of any class.Imprisonment for 2 years, or fine, or both.Cognizable.Non-bailable.Any Magistrate.

Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.

Bare act text — BNS 298

298. Injuring or defiling place of worship with intent to insult religion of any class.

Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Frequently asked

What was BNS Section 298 in the IPC?

BNS Section 298 (Injuring or defiling place of worship with intent to insult religion of any class) replaces Section 295 of the Indian Penal Code, 1860. IPC 295 is now BNS 298.

What is the punishment under BNS 298?

Defiling, etc., place of worship, with intent to insult the religion of any class – punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by any Magistrate.

Is BNS 298 bailable?

Non-bailable: BNS 298. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.

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