Section 302 BNS: Uttering Words, etc., with Deliberate Intent to Wound Religious Feelings

Text of Section 302 BNS

Meaning and Scope of Section 302 BNS

Section 302 applies where a person deliberately intends to wound the religious feelings of another person and uses one of the forms of conduct expressly mentioned in the section. The provision is directed at words, sounds, gestures or objects communicated in the hearing or sight of the person whose religious feelings are intended to be wounded.

The statutory language makes the mental element important. Mere disagreement, criticism, accidental communication or conduct without the required deliberate intention does not by itself satisfy the wording of Section 302.

Essential Ingredients of the Offence

For Section 302 BNS to apply, the prosecution would ordinarily need to establish the following elements:

1. The accused had a deliberate intention to wound the religious feelings of a person.
2. The accused uttered a word or made a sound in the hearing of that person; or
3. The accused made a gesture in the sight of that person; or
4. The accused placed an object in the sight of that person.
5. The alleged act was connected with the deliberate intention required by the section.

Words, Sounds, Gestures and Objects Covered

Section 302 identifies four principal forms of conduct. It can apply to an uttered word, a sound made within the hearing of the person, a gesture made within that person's sight, or an object placed within that person's sight.

The provision therefore does not depend only on spoken language. Non-verbal acts may also fall within the section when the required deliberate intention is established.

What Does "Deliberate Intention" Mean?

The word "deliberate" indicates that the required intention is conscious and purposeful. The prosecution must prove that the conduct was undertaken with the specific intention of wounding the religious feelings of the person concerned.

Punishment and Procedural Classification

The First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 classifies the offence under Section 302 BNS as non-cognizable and bailable, and states that it is triable by any Magistrate.

Section 302 BNS and Former Section 298 IPC

Section 302 BNS substantially carries forward the subject matter of former Section 298 of the Indian Penal Code, 1860, which dealt with words, sounds, gestures or objects used with deliberate intent to wound religious feelings.

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 301 BNS - Trespassing on burial places, etc.
• Bharatiya Nyaya Sanhita, 2023 - main index

Frequently Asked Questions

What is the punishment under Section 302 BNS?

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

Is Section 302 BNS cognizable?

No. It is classified as non-cognizable in the First Schedule to the BNSS.

Is Section 302 BNS bailable?

Yes. It is classified as bailable.

Which court can try an offence under Section 302 BNS?

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

Does Section 302 BNS require deliberate intention?

Yes. The wording expressly requires deliberate intention to wound the religious feelings of a person.

Can gestures or objects fall within Section 302 BNS?

Yes. The section expressly covers gestures made in the sight of the person and objects placed in that person's sight, in addition to words and sounds.