Whoever destroys, damages, or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons, or with the knowledge that any class of persons is likely to consider such destruction, damage, or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Simplified Explanation
Section 298 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with the destruction, damage, or defilement of places of worship or sacred objects, with the intent to insult the religion of any class of persons.
Detailed Explanation of Section 298
1. Destruction, Damage, or Defilement of Sacred Places or Objects:
- The section criminalizes any act that destroys, damages, or defiles:
- A place of worship.
- Any object that is held sacred by any religious group or class of persons.
2. Intent to Insult the Religion of Any Class:
- The offense is committed if the act is carried out with the intent to insult the religion of any class of persons. This means the person deliberately and knowingly performs the act to offend the religious sentiments of the affected group.
- Alternative to intent: Even if the person does not specifically intend to insult the religion, they can still be guilty if they know that their actions are likely to be perceived as an insult to the religion of the affected group. This covers situations where the individual may not have direct malice but is aware that their actions would likely cause offense.
Punishment:
- Imprisonment:
The offender may be sentenced to imprisonment for a term which can extend to two years. - Fine:
A fine may also be imposed, or the individual may face both imprisonment and fine.
Purpose of Section 298:
- Protection of Religious Sentiments: The primary objective of this provision is to protect the religious feelings and sentiments of various groups or communities by ensuring that places of worship or sacred objects are not destroyed or defiled.
- Maintaining Social Harmony: This law seeks to maintain peace and prevent communal tensions by preventing acts that could lead to religious conflicts. By criminalizing actions that insult the religion of any class, it aims to uphold the dignity of religious practices and beliefs.
Examples of Offenses Under Section 298:
- Example 1: A person who destroys a temple, mosque, or church with the intention of insulting the religious sentiments of the people belonging to that religion.
- Example 2: Someone who defiles a sacred object, such as a statue, holy book, or symbol of a particular religion, knowing that such defilement would insult the people of that religion.
- Example 3: A person who intentionally damages a place of worship to provoke or incite religious tension, even though the direct intent is not to insult a religion, but with the awareness that it will likely cause offense.
Key Points:
- The law specifically targets deliberate acts of destruction, damage, or defilement that are intended to insult a religion or likely to be perceived as such.
- It applies to any religion or religious group, not just one particular faith.
- The punishments serve to deter actions that can lead to social unrest or hurt the religious sentiments of communities.
- The law includes both intentional and reckless actions, thus providing a broad scope of protection against acts that could offend religious groups.
Conclusion:
Section 298 is designed to protect religious places and objects from acts of desecration or defilement that are intended to insult or offend the religious sentiments of any community. The law provides for punishments, including imprisonment and fines, to deter such acts and promote social harmony and respect for all religious beliefs. It ensures that actions likely to disturb peace and communal relations are addressed promptly.
