Section 297 IPC: Trespassing on burial places, etc.
Indian Penal Code, 1860
Section 297 IPC at a Glance
Section 297 IPC deals with trespassing on burial places, etc. It is bailable and cognizable, triable by any Magistrate; from 1 July 2024 it is replaced by Section 301 BNS.
Imprisonment of either description for a term which may extend to one year.
Section 297 IPC Bare Act Text
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.
Source: Section 297, Indian Penal Code, 1860
Section 297 IPC in Simple Words
Section 297 of the Indian Penal Code (IPC) punishes trespassing on places of worship, sepulture, places set apart for funeral rites or depositories for the remains of the dead, offering indignity to any human corpse, or causing disturbance to persons assembled for funeral ceremonies. The act must be done with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that feelings are likely to be wounded or religion insulted thereby.
The offence carries imprisonment of either description for a term which may extend to one year, or with fine, or with both. It is cognizable, bailable and triable by any Magistrate.
Ingredients of Section 297 IPC
- 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
- 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
Punishment Under Section 297 IPC
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.
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 297 IPC
When Section 297 IPC Does Not Apply
- A person enters land that is not a place of worship, burial ground, funeral site, or depository for the dead, and neither mistreats a corpse nor interrupts a funeral gathering.
- A caretaker or official lawfully enters a burial ground for routine maintenance without committing any trespass, offering any indignity to a human corpse, or disturbing any funeral ceremony.
- The entry or act was done in good faith without any intention to wound anyone's feelings or insult any religion, and without knowledge that such hurt or religious insult was likely.
Section 297 IPC in the BNS
Section 297 IPC is now covered under Section 301 BNS.
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 detailed comparison (IPC 297 vs BNS 301) →FAQs on Section 297 IPC
What does Section 297 IPC punish?▼
It punishes trespass on places of worship or sepulture, offering indignity to a human corpse, or disturbing funeral ceremonies, with the intention of wounding the feelings or insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded or the religion of any person is likely to be insulted thereby.
What is the punishment under Section 297 IPC?▼
Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What places are protected under Section 297 IPC?▼
The section protects places of worship, places of sepulture, places set apart for the performance of funeral rites, and places used as depositories for the remains of the dead.
Does Section 297 IPC cover indignity to a human corpse?▼
Yes. Offering any indignity to any human corpse is an express limb of the offence when done with the requisite intention or knowledge.
Is Section 297 IPC bailable or non-bailable?▼
Section 297 IPC is bailable under the First Schedule to the Code of Criminal Procedure.
Is Section 297 IPC cognizable?▼
Yes. Section 297 IPC is cognizable, meaning police may arrest without a warrant.
Which court tries an offence under Section 297 IPC?▼
Under the First Schedule to the Code of Criminal Procedure, an offence under Section 297 IPC is triable by any Magistrate.
Where is Section 297 IPC located in the Bharatiya Nyaya Sanhita?▼
It is renumbered as Section 301 BNS, in Chapter XVI.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·