Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Simplified Explanation
Section 300 of the Bhartiya Nyaya Sanhita, 2023 (BNS) addresses the offense of disturbing religious assembly.
Detailed Explanation of Section 300
1. Offense Definition:
This section criminalizes the act of voluntarily causing disturbance to any lawfully held assembly that is engaged in religious worship or religious ceremonies.
- Voluntary Disturbance: The person must intentionally cause the disturbance. It means that the act must be done deliberately and not by accident.
- Religious Assembly: This refers to any group of people who have gathered together for the purpose of religious worship or to perform religious ceremonies. It can include events such as prayers, rituals, religious festivals, and other similar gatherings.
- Lawful Assembly: The assembly must be lawful, meaning it has been organized following the relevant legal permissions and does not violate any law.
2. Nature of the Disturbance:
The disturbance must disrupt or interrupt the religious activities taking place in the assembly. This could include:
- Shouting, arguing, or creating noise during the worship or ceremonies.
- Physical interference with the participants or the religious activities.
- Intentionally provoking unrest or inciting a disturbance during the religious function.
3. Punishment for the Offense:
- Imprisonment: The offender may face imprisonment of either description (rigorous or simple) for a term which may extend up to one year.
- Fine: Alternatively, or in addition to imprisonment, the offender may be subjected to a fine.
- Both: The court may impose both imprisonment and fine as the punishment.
Purpose of Section 300:
- This section aims to protect the peaceful conduct of religious activities and ensure that individuals can worship freely without being disturbed or harassed.
- It is designed to prevent individuals or groups from disrupting religious assemblies and to maintain respect for others’ religious practices.
- The law ensures that religious harmony is upheld by protecting religious ceremonies and gatherings from being disturbed, whether by noise, aggression, or other forms of interference.
Examples of Offenses Under Section 300:
- Example 1: A person enters a temple during prayers and deliberately starts shouting or arguing, disturbing the worshippers who are praying peacefully.
- Example 2: During a religious procession, an individual deliberately blocks the path or causes a commotion in order to disrupt the ceremony.
- Example 3: Someone intentionally interrupts a religious service by creating a scene, making it difficult for the participants to engage in their worship or ceremony.
Key Points:
- The law targets deliberate actions that disrupt religious functions.
- The offense applies to any religious assembly, including worship services, ceremonies, and other sacred gatherings.
- The punishment can include both imprisonment and fines, with the term of imprisonment extending up to one year.
- The section emphasizes the right to religious freedom and seeks to ensure that individuals or groups are not prevented from practicing their faith peacefully.
Conclusion:
Section 300 of the Bhartiya Nyaya Sanhita seeks to ensure the peaceful conduct of religious activities by making it a punishable offense to disturb or disrupt religious assemblies. The punishment serves as a deterrent against any act that may cause disruption or disrespect during religious worship or ceremonies. This section is crucial for preserving religious freedom and social harmony in a diverse society where multiple religions are practiced.
