Bharatiya Nyaya Sanhita, 2023

BNS Section 301

Trespassing on burial places, etc

In one line

BNS Section 301 deals with trespassing on burial places, etc and replaces IPC 297.

Punishment, bail and court

SectionOffencePunishmentCognizableBailableTriable by
301Trespassing on burial places, etc.Imprisonment for 1 year, or fine, or both.Cognizable.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 301

301. Trespassing on burial places, etc.

Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

Frequently asked

What was BNS Section 301 in the IPC?

BNS Section 301 (Trespassing on burial places, etc) replaces Section 297 of the Indian Penal Code, 1860. IPC 297 is now BNS 301.

What is the punishment under BNS 301?

Trespassing on burial places, etc – punishable with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by any Magistrate.

Is BNS 301 bailable?

Bailable: BNS 301. 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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