Section 300 BNS: Disturbing Religious Assembly

Text of Section 300 BNS

Meaning and Scope of Section 300 BNS

Section 300 is aimed at protecting an assembly that is lawfully engaged in religious worship or a religious ceremony from voluntary disturbance. The provision focuses on interference with the assembly itself and does not require the same type of deliberate and malicious intention that appears in Section 299 BNS.

The statutory language has three important components: there must be an assembly, that assembly must be lawfully engaged in religious worship or religious ceremonies, and the accused must voluntarily cause a disturbance to it.

Essential Ingredients of the Offence

For Section 300 BNS to be attracted, the following elements would ordinarily have to be established:

1. There is an assembly of persons.
2. The assembly is lawfully engaged in the performance of religious worship or religious ceremonies.
3. A disturbance is caused to that assembly.
4. The disturbance is caused voluntarily by the accused.

Punishment and Procedural Classification

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence under Section 300 BNS as cognizable and bailable, and triable by any Magistrate.

What Does "Voluntarily Causes Disturbance" Mean?

Section 300 requires that the disturbance be caused voluntarily. This means that accidental or wholly unintended interference is not automatically equivalent to the conduct described by the section. The prosecution must establish the required voluntary conduct in the factual context of the alleged disturbance.

The form of disturbance is not separately enumerated in Section 300. It may therefore arise from conduct that, in the circumstances, actually interferes with or disrupts the lawful religious worship or ceremony.

Requirement of a Lawful Religious Assembly

The protection under Section 300 applies to an assembly that is "lawfully engaged" in religious worship or religious ceremonies. The lawfulness of the gathering is therefore part of the statutory description of the offence.

Religious worship may include collective acts of prayer or devotion, while religious ceremonies may include observances, rites or customary religious functions. Whether a particular gathering falls within the provision depends on the nature and circumstances of the assembly.

Section 300 BNS and Former Section 296 IPC

Section 300 BNS substantially carries forward the offence previously contained in Section 296 of the Indian Penal Code, 1860, which also dealt with voluntarily disturbing an assembly lawfully engaged in religious worship or religious ceremonies.

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It received Presidential assent on 25 December 2023 and, except for the separately excluded provision in Section 106(2), came into force on 1 July 2024 under the Central Government commencement notification.

Related Provisions in the Bharatiya Nyaya Sanhita

• Section 298 BNS - Injuring or defiling a place of worship with intent to insult religion
• Section 299 BNS - Deliberate and malicious acts intended to outrage religious feelings
• Bharatiya Nyaya Sanhita, 2023 - main index

Frequently Asked Questions

What is the punishment under Section 300 BNS?

The punishment may extend to one year's imprisonment, or fine, or both.

Is Section 300 BNS cognizable?

Yes. It is classified as a cognizable offence in the First Schedule to the BNSS.

Is Section 300 BNS bailable?

Yes. It is classified as bailable.

Which court can try an offence under Section 300 BNS?

The First Schedule to the BNSS states that the offence is triable by any Magistrate.

Does Section 300 apply to every disagreement near a place of worship?

No. The provision concerns a person who voluntarily causes disturbance to an assembly that is lawfully engaged in religious worship or religious ceremonies. Whether the statutory ingredients are satisfied depends on the actual conduct and surrounding facts.

Is prior government sanction under Section 217 BNSS required for Section 300 BNS?

Section 217 BNSS expressly refers to specified offences including Section 299 BNS, but it does not list Section 300 BNS. Accordingly, the special previous-sanction requirement in Section 217(1) does not apply merely because the alleged offence is under Section 300.