Section 301 BNS: Trespassing on burial places, etc

Bharatiya Nyaya Sanhita, 2023

Section 301 BNS at a Glance

Section 301 BNS deals with trespassing on burial places, etc. It is bailable and cognizable, triable by any Magistrate; it replaced Section 297 IPC on 1 July 2024.

Punishment

Imprisonment of either description for a term which may extend to one year.

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

Section 297 →

Section 301 BNS Bare Act Text

301. 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 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.

Source: Section 301, Bharatiya Nyaya Sanhita, 2023

Section 301 BNS in Simple Words

Section 301 BNS of the Bharatiya Nyaya Sanhita (BNS) deals with unlawful acts committed in places set apart for funeral rites or for the custody of the dead. It also covers conduct that hurts religious feelings at such places, such as trespassing, offering indignity to a corpse, or disturbing burial or cremation arrangements. The law is aimed at protecting both public order and the dignity due to the dead.

This section can apply to any person who enters such a place or acts there in a disrespectful manner with knowledge or intent that the act will offend feelings or disturb the sanctity of the place. In practice, it is often invoked where a burial ground, cremation ground, or related site is interfered with without lawful authority. The offence matters because it combines respect for the dead with protection of community sentiments, so even seemingly minor acts can lead to criminal liability if done deliberately.

Ingredients of Section 301 BNS

  • 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
  • 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

Punishment Under Section 301 BNS

Imprisonment

Imprisonment of either description for a term which may extend to one year.

Fine

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

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

Trespassing on burial places, offering indignity to a human corpse or disturbing funeral ceremonies carries imprisonment of either description for up to one year, or fine, or both. Under the First Schedule to the Code of Criminal Procedure, the offence is cognizable, bailable and triable by any Magistrate.

Example of Section 301 BNS

In a town near Varanasi, Deepak enters a graveyard at night where a family has recently buried their relative. He damages the burial mound and scatters the flowers placed on the grave, knowing that the family members are likely to feel deeply wounded. Deepak is liable under Section 301 BNS for committing trespass on a place of sepulchre with knowledge that the feelings of a person are likely to be wounded.

When Section 301 BNS Does Not Apply

  • The place was neither a place of worship nor a place of sepulture, nor a place set apart for funeral rites or for keeping the remains of the dead
  • The accused neither committed trespass, nor offered indignity to any human corpse, nor caused disturbance to persons assembled for funeral ceremonies
  • The act was done neither with the intention of wounding the feelings of any person or insulting the religion of any person, nor with the knowledge that feelings were likely to be wounded or religion insulted thereby

Section 301 BNS in the IPC (Previous Law)

Section 301 BNS replaces Section 297 IPC from the old criminal code.

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.

View IPC Section 297 →

FAQs on Section 301 BNS

Does Section 301 BNS apply only to graveyards?▼

No. It can also apply to cremation grounds and other places set apart for funeral rites or the custody of the dead. The key point is the special use of the place, not just the label given to it.

Under Section 301 BNS, can a person be punished if there was no damage to the grave?▼

Yes, if the act amounts to unlawful entry or disrespect with the required intention or knowledge. Actual physical damage is not always necessary. The court looks at the nature of the act and the surrounding facts.

Is the offence under Section 301 BNS bailable?▼

Yes. The First Schedule to the Bharatiya Nagarik Suraksha Sanhita classifies Section 301 BNS as bailable, so bail is available as a matter of right and the officer in charge of the police station may release the accused on bail.

What is the current law for the offence under Section 301 BNS under BNS?▼

Section 301 of the Bharatiya Nyaya Sanhita (BNS), 2023 governs this offence, carrying forward the same legal standard and punishment from the earlier penal code.

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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 ·