Section 301 BNS: Trespassing on Burial Places, etc.

Text of Section 301 BNS

Meaning and Scope of Section 301 BNS

Section 301 applies to particular acts connected with places of worship, places of burial or sepulchre, funeral sites, repositories for human remains, human corpses and funeral gatherings. The act must also be accompanied by the intention or knowledge specified in the section.

The provision is wider than ordinary trespass because it also expressly covers indignity offered to a human corpse and disturbance caused to persons assembled for funeral ceremonies.

Essential Ingredients of the Offence

Section 301 may be attracted where the prosecution establishes both the required mental element and one or more of the specified acts. The principal ingredients are:

1. The accused has the intention of wounding the feelings of any person or insulting the religion of any person; or
2. The accused knows that the feelings of any person are likely to be wounded or that the religion of any person is likely to be insulted; and
3. The accused commits one of the acts expressly described in Section 301.

Places and Conduct Covered by Section 301

The provision expressly covers the following conduct:

• Trespass in any place of worship.
• Trespass on any place of sepulchre.
• Trespass on a place set apart for the performance of funeral rites.
• Trespass on a place used as a depository for the remains of the dead.
• Offering any indignity to a human corpse.
• Causing disturbance to persons assembled for the performance of funeral ceremonies.

What is a place of sepulchre?

In ordinary legal usage, a place of sepulchre means a place where human remains are buried or interred, such as a grave or burial place. Section 301 separately extends to other places set apart for funeral rites or used as repositories for the remains of the dead.

Intention or Knowledge Required

Section 301 expressly requires a mental element. The act must be done either with the intention of wounding a person's feelings or insulting a person's religion, or with knowledge that such feelings are likely to be wounded or such religion is likely to be insulted.

Whether the required intention or knowledge exists is a question that depends on the alleged act, its context, surrounding circumstances and the evidence available in the particular case.

Punishment and Procedural Classification

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence under Section 301 BNS as cognizable and bailable, and states that it is triable by any Magistrate.

Section 301 BNS and Former Section 297 IPC

Section 301 BNS substantially carries forward the subject matter of former Section 297 of the Indian Penal Code, 1860, which dealt with trespassing on burial places and related conduct.

The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. It received Presidential assent on 25 December 2023. The Central Government appointed 1 July 2024 as the date on which the provisions of the BNS came into force, except Section 106(2).

Related Provisions in the Bharatiya Nyaya Sanhita

• Section 298 BNS - Injuring or defiling place of worship with intent to insult religion
• Section 299 BNS - Deliberate and malicious acts intended to outrage religious feelings
• Section 300 BNS - Disturbing religious assembly
• Section 302 BNS - Uttering words, etc., with deliberate intent to wound religious feelings
• Bharatiya Nyaya Sanhita, 2023 - main index

Frequently Asked Questions

What is the punishment under Section 301 BNS?

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

Is Section 301 BNS cognizable?

Yes. The First Schedule to the BNSS classifies it as cognizable.

Is Section 301 BNS bailable?

Yes. It is classified as bailable.

Which court can try an offence under Section 301 BNS?

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

Does Section 301 cover indignity to a human corpse?

Yes. The section expressly includes offering any indignity to a human corpse, provided the required intention or knowledge under the section is present.

Does Section 301 apply to disturbance of funeral ceremonies?

Yes. It expressly covers causing disturbance to persons assembled for the performance of funeral ceremonies when the statutory mental element is present.