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 sepulture, 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.
IPC Section 297: Simplified Explanation
IPC Section 297 of the Indian Penal Code deals with the offence of trespassing on burial places, sanctuaries, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead. This includes any disrespectful or indecent act that disturbs or hurts the sentiments of those who hold these places sacred.
The key elements of this offence include:
· Trespassing: Unlawfully entering or remaining in any place designated for the above purposes.
· Intention to Wound Religious Feelings: The act must be done to wound the religious feelings of any person or to insult the religion or the religious beliefs of any person.
· Disturbance: The act should disturb any persons assembled to perform funeral ceremonies.
This section aims to protect the dignity and sanctity of places where the dead are remembered or interred, ensuring that these places are not violated and that mourners are not disturbed during their rites.
Is IPC Section 297 Bailable?
IPC Section 297 is a bailable offence. This means that an individual accused under this section is entitled to bail. They can secure their release pending trial by providing surety or a bail bond per the directions of law enforcement or judicial authorities.
IPC Section 297 Punishment
The Punishment for an offence under IPC Section 297 can be imprisonment for a term extending to one year, a fine, or both. The severity of the sentence is determined by factors such as the nature of the trespass, the intent behind the act, and its impact on the individuals or community affected.
Example of IPC Section 297
A real-life example of the application of IPC Section 297 occurred in 2015 when a group of individuals in Delhi disrupted a funeral procession by forcefully entering the cremation ground and attempting to perform an alternative religious ceremony. Their actions caused distress among the family and other attendees. The police arrested the individuals for trespassing on the funeral grounds and for intentionally trying to wound the religious feelings of the bereaved family. This case highlighted the need for respect and sensitivity towards all cultural and spiritual practices, especially during mourning.
