IPC 297→BNS 301

IPC 297 to BNS 301: Trespassing on burial places, etc.

Section 297 IPC (1860) replaced by Section 301 BNS (2023)

View IPC Section 297 →View BNS Section 301 →

IPC 297 to BNS 301 at a Glance

Section 297 IPC (Trespassing on burial places, etc) is now Section 301 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 297 to BNS 301?

Section 297 IPC is now Section 301 BNS. The modern provision replaces the word sepulture with sepulchre, while the heading, the substantive acts, the mental elements and the punishment of imprisonment for up to one year, or fine, or both remain unchanged.

IPC 297 vs BNS 301: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section297301
OffenceTrespassing on burial places, etc.Same
PunishmentImprisonment of either description for a term which may extend to one year.Same
FineThe court may impose fine alone, or fine in addition to imprisonment. The section sets no maximum fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByAny MagistrateSame

IPC 297 and BNS 301: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 297, IPC 1860

297. Trespassing on burial places, etc.—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.
BNS 2023 (in force)

Section 301, BNS 2023

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.

Ingredients: IPC 297 vs BNS 301

Under IPC 297
  1. The accused commits trespass in any place of worship or place of sepulture, or in any place set apart for funeral rites or as a depository for the dead, or offers indignity to a human corpse, or disturbs persons assembled for funeral ceremonies
  2. The act is done 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
Under BNS 301
  1. Trespass in any place of worship or place of sepulchre, or in any place set apart for funeral rites or as a depository for the dead, or offering indignity to a human corpse, or disturbance of persons assembled for funeral ceremonies
  2. Intention of wounding the feelings or insulting the religion of any person, or knowledge that feelings are likely to be wounded or religion insulted thereby

What IPC 297 to BNS 301 Means for Pending Cases

For Section 297 IPC (now Section 301 BNS): the offence and the punishment are unchanged, so a charge for an act done after the BNS came into force cites Section 301 BNS and is framed on the same elements as before.

FAQs: IPC 297 to BNS 301

What changed when Section 297 IPC became Section 301 BNS?▼

Section 301 BNS uses the word sepulchre where Section 297 IPC used sepulture. The substantive elements, mental states and punishment remain identical.

Where does Section 297 IPC sit in the BNS?▼

In Section 301 BNS, in Chapter XVI, Of Offences Relating to Religion.

Does Section 297 IPC or Section 301 BNS apply to an act done before 1 July 2024?▼

Section 297 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 297 IPC. Section 301 BNS governs acts done on or after 1 July 2024.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·