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 sepulchre, 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.
Simplified Explanation
Section 301 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with trespassing on burial places and places associated with funeral rites.
Detailed Explanation of Section 301
1. Offense Definition:
This section criminalizes certain actions committed with the intention to insult or disturb the religious or emotional sensibilities of individuals in connection with places of worship, burial, or funeral rites.
- Trespassing: The act of entering or disturbing a place that is dedicated to sacred or solemn purposes, including places of worship, burial sites, or areas used for funeral rites.
- Places Covered: The section applies to:
- Places of Worship: Any site or building used for religious rituals or worship (e.g., temples, mosques, churches).
- Places of Sepulchre: Sites where dead bodies are interred, such as cemeteries or burial grounds.
- Funeral Rites Locations: Areas set aside for the performance of funeral ceremonies or rites (e.g., cremation grounds or funeral homes).
- Depositories of Human Remains: Locations where human remains are stored, including urns or memorial sites.
2. Intention or Knowledge to Insult:
The actions that are considered offenses under this section must be committed with the intent to:
- Wound the feelings of any person.
- Insult the religion of any person.
- Alternatively, the person might have knowledge that their actions are likely to wound the feelings or insult the religion of another person.
3. Specific Offenses Under Section 301:
The section lists several specific actions that are punishable:
- Trespassing in any place of worship, burial site, or funeral ceremony area.
- Offering indignity to a human corpse (e.g., disrespecting or defiling a dead body).
- Disturbing persons who are assembled for the performance of funeral rites (e.g., interrupting or disturbing a funeral ceremony or procession).
4. Punishment for the Offense:
The punishment for committing the offense under this section can be:
- Imprisonment: The offender may face imprisonment for a term that may extend up to one year. This can be either rigorous imprisonment (hard labor) or simple imprisonment.
- Fine: Alternatively, or in addition to imprisonment, the offender may be fined.
- Both: Both imprisonment and a fine can be imposed as punishment.
5. Purpose of Section 301:
- This section seeks to protect the sanctity of places associated with death, burial, and religious ceremonies.
- It aims to prevent disrespectful or offensive behavior at places of religious or emotional significance to individuals or communities.
- The law is designed to maintain public order and respect for individuals’ religious and cultural practices, especially those associated with death and mourning.
Examples of Offenses Under Section 301:
- Example 1: A person enters a cemetery without permission and disrupts a funeral procession, making offensive remarks about the deceased.
- Example 2: An individual defiles a grave by desecrating a tombstone or disturbing a burial site, intending to insult the religion or feelings of those associated with the deceased.
- Example 3: A person shouts insults during a funeral service, deliberately disturbing the mourners and showing disrespect for the ceremony.
Key Points:
- The law targets intentional acts of disrespect toward places and ceremonies associated with death and worship.
- The punishment includes both imprisonment (up to one year) and a fine.
- The purpose of the section is to ensure respect for individuals’ religious and emotional attachments to burial and funeral practices.
Conclusion:
Section 301 of the Bhartiya Nyaya Sanhita provides legal protection to religious sentiments and emotional sensitivities by making it an offense to trespass or show disrespect at places of worship, burial sites, or during funeral ceremonies. The law aims to prevent any action that might cause insult, disturbance, or indignity to people during the solemn moments of worship or mourning, thus promoting social harmony and respect for diverse religious and cultural practices.
