Section 302 of the Bharatiya Nyaya Sanhita (BNS), 2023
Here’s a comprehensive overview of Section 302 of the Bharatiya Nyāya Sanhitā (BNS), 2023, from Chapter XVI – Offences relating to Religion:
✳️ Section 302 – Uttering Words, etc., with Deliberate Intent to Wound Religious Feelings
📜 Statutory Text (Summarized)
Whoever, with the deliberate intention to wound the religious feelings of any person, utters any word, or makes any sound in their hearing, makes any gesture in their sight, or places any object in their sight, shall be punished with:
Imprisonment (simple or rigorous) for up to one year,
Fine, or
Both.
🔍 Key Features
Intent Requirement:
Must be a deliberate intention to wound religious feelings—not accidental or negligent speech/behavior.
Covered Conduct:
Spoke hurtful words or sounds
Made offensive gestures
Placed an object visibly meant to offend
These acts must directly target a person’s religious sensibilities.
Penalty:
Up to 1 year imprisonment,
And/or fine,
Or both.
Classification:
Non-cognizable (arrest usually requires a warrant),
Bailable,
Likely triable by a Magistrate.
⚖️ Comparison: BNS §302 vs IPC §295A
IPC §295A addresses “deliberate and malicious intent to outrage religious feelings”, but is broader and traditionally harder to prosecute.
BNS §302 sharpens focus: it criminalizes only direct actions (words, gestures, objects) with the specific intent to wound religious feelings—potentially lowering barriers to prosecuting hate-motivated speech. (
🛡️ Practical Implications
Who it applies to: Any individual in India (citizen or otherwise).
Protected conduct: Public or private expressions—as long as they were deliberate and targeted at a specific person’s faith.
Enforcement: Cognizable? Debatable—secondary sources mark it as non-cognizable, but prosecutions may still proceed via warrant-based arrest.
✅ Summary Table
| Element | Details |
|---|---|
| Offence | Uttering words/sounds, gestures, or placing objects to wound religious feelings |
| Intent (Mens Rea) | Deliberate intent to wound |
| Penalty | Up to 1 year imprisonment; fine; or both |
| Arrest & Trial | Non-cognizable; bailable; Magistrate-triable |
🔍 Example Scenario:
If a person publicly recites derogatory remarks about another’s deity with the intent of causing emotional hurt, BNS §302 could apply directly—even if not intended to incite violence.
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