Section 302 BNS: Uttering words, etc., with deliberate intent to wound religious feelings of any person
Bharatiya Nyaya Sanhita, 2023
Section 302 BNS at a Glance
Section 302 BNS deals with uttering words, etc., with deliberate intent to wound religious feelings of any person. It is bailable and non-cognizable, triable by any Magistrate; it replaced Section 298 IPC on 1 July 2024.
Imprisonment of either description for a term which may extend to one year.
Section 302 BNS Bare Act Text
302. Uttering words, etc., with deliberate intent to wound religious feelings
Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, 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 302, Bharatiya Nyaya Sanhita, 2023
Section 302 BNS in Simple Words
Section 302 of the Bharatiya Nyaya Sanhita (BNS) deals with uttering words, making sounds, making gestures, or placing objects with the deliberate intention of wounding a person's religious feelings. It is not enough that the words or actions were offensive in a general sense. The prosecution must show that the act was done in the hearing or sight of that person with the deliberate intention of hurting their religious sentiments.
This section applies where the conduct is directed at a person in their hearing or sight in a way that deliberately targets their religious feelings. It covers spoken words, sounds, gestures, or placing objects in sight of that person.
The key issue is intention. A careless remark may be rude or insulting, but Section 302 BNS is about deliberate conduct meant to wound religious feelings. That makes the evidence of motive, context, and surrounding circumstances very important.
Ingredients of Section 302 BNS
- Uttering words, making sounds or gestures, or placing objects in the hearing or sight of a person
- Deliberate intention of wounding the religious feelings of that person
Punishment Under Section 302 BNS
Imprisonment of either description for a term which may extend to one year.
The court may impose fine alone, or fine in addition to imprisonment. The section sets no maximum fine.
Uttering words, making sounds or gestures, or placing an object with deliberate intent to wound religious feelings 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 non-cognizable and bailable, triable by any Magistrate. It is compoundable without the permission of the court by the person whose religious feelings are intended to be wounded.
Example of Section 302 BNS
When Section 302 BNS Does Not Apply
- The words, sounds, gestures or objects were not uttered, made or placed in the hearing or sight of the person
- The act was done without the deliberate intention of wounding the religious feelings of that person
- The conduct was not an utterance of words, making of sound, making of a gesture, or placing of an object
Section 302 BNS in the IPC (Previous Law)
Section 302 BNS replaces Section 298 IPC from the old criminal code.
Section 298 IPC is now Section 302 BNS. The heading in Section 302 BNS adds of any person at the end, while the text of the offence and the punishment of imprisonment for up to one year, or fine, or both remain unchanged.
View IPC Section 298 →FAQs on Section 302 BNS
What kind of conduct falls under Section 302 BNS?▼
It covers uttering any word or making any sound in the hearing of a person, or making any gesture or placing any object in the sight of that person, with the deliberate intention of wounding their religious feelings.
Is a rude or offensive comment enough for Section 302 BNS?▼
Not by itself. The prosecution must prove deliberate intention to wound religious feelings, not just bad manners or general insult. If the remark was careless, but not deliberate, Section 302 BNS may not apply.
Is Section 302 BNS a serious criminal offence?▼
It is a relatively minor offence compared with many other BNS provisions. It is bailable and non-cognizable, and the maximum punishment is up to 1 year imprisonment, fine, or both.
How does Section 302 BNS relate to the earlier law?▼
This provision has been carried into the Bharatiya Nyaya Sanhita (BNS), 2023 as Section 302 BNS. The substance and punishment remain the same as under the earlier code, though the section numbering has changed.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·