Section 298 BNS: Injuring or defiling place of worship with intent to insult religion of any class

Bharatiya Nyaya Sanhita, 2023

Section 298 BNS at a Glance

Section 298 BNS deals with injuring or defiling place of worship with intent to insult religion of any class. It is non-bailable and cognizable, triable by any Magistrate; it replaced Section 295 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to two years.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ
IPC Equivalent

Section 295 →

Section 298 BNS Bare Act Text

298. Injuring or defiling place of worship, with intent to insult the religion of any class

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.

Source: Section 298, Bharatiya Nyaya Sanhita, 2023

Section 298 BNS in Simple Words

Section 298 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with acts done with the intention of insulting the religion of any class of persons. It applies when someone destroys, damages, or defiles a place of worship, or any object held sacred by a community, with the knowledge that such an act is likely to wound religious feelings. The law is aimed at protecting public peace as well as religious sentiment. In practice, this section is used where the act is not a mere accident or ordinary damage, but a deliberate or knowingly offensive act.

The prosecution must show intent or knowledge of likely insult. This section matters because disputes involving places of worship can quickly lead to tension, public unrest, or criminal complaints. The law therefore treats such conduct seriously and provides punishment of imprisonment, fine, or both.

Ingredients of Section 298 BNS

  • Destruction, damage or defilement of any place of worship or any object held sacred by any class of persons
  • An intention thereby to insult the religion of any class of persons, or knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion

Punishment Under Section 298 BNS

Imprisonment

Imprisonment of either description for a term which may extend to two years.

Fine

The court may impose fine alone, or fine in addition to imprisonment. The section sets no maximum fine.

Non-Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Any Magistrate ⓘ

Destroying, damaging or defiling a place of worship or sacred object with the intention or knowledge required under Section 298 BNS carries imprisonment of either description for up to two years, or fine, or both.

Example of Section 298 BNS

Ramesh enters a village temple in Khandwa late at night. He breaks an idol and tears down sacred altar draperies that local devotees revere, intending to insult their religion. Ramesh is liable under Section 298 BNS for damaging and defiling a place of worship and sacred objects with intent to insult religion.

When Section 298 BNS Does Not Apply

  • The property was neither a place of worship nor an object held sacred by any class of persons
  • The accused neither destroyed, damaged nor defiled the place of worship or sacred object
  • The act was done neither with the intention of thereby insulting the religion of any class of persons, nor with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion

Section 298 BNS in the IPC (Previous Law)

Section 298 BNS replaces Section 295 IPC from the old criminal code.

Section 295 IPC corresponds to Section 298 BNS. The heading in the new Code omits the comma and the word the, while the text of the offence and the punishment of imprisonment for up to two years, or fine, or both remain unchanged in substance.

View IPC Section 295 →

FAQs on Section 298 BNS

Does Section 298 BNS apply only to temples, mosques, or churches?▼

No. It covers any place of worship and also objects held sacred by any class of persons. The key point is whether the place or object has religious significance and whether the act was done with the required intent or knowledge.

Is accidental damage covered under Section 298 BNS?▼

Usually, no. The prosecution must show intention to insult religion, or at least knowledge that the act was likely to hurt religious feelings. A pure accident or careless act without that mental element will not normally attract this section.

Under Section 298 BNS, what punishment can the court give?▼

The court may award imprisonment up to 2 years, or fine, or both. The exact sentence depends on the facts, the nature of the act, and the effect on the affected community.

Has Section 298 BNS changed in the new criminal law?▼

Yes. The same subject matter now appears in the Bharatiya Nyaya Sanhita (BNS), 2023 as Section 298 BNS. The wording and placement have changed, but the core idea of protecting religious places and sacred objects remains.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·