Introduction
The Bharatiya Nyaya Sanhita, 2023 (BNS), is a landmark legislation that aims to modernize and replace the outdated Indian Penal Code Act of 1860, bringing forth a significant transformation in the Indian criminal justice system this act extended to the whole of India, BNS was enacted on 25th December 2023 and commenced on 1st July, 2024. This act included 20 chapters and 358 sections.
Offences relating to religion under BNS, 2023 are mentioned under the 16th chapter of BNS from section 298-302, and offences related to religion come under Public offences.
CRIME
Meaning of crime by BNS-
BNS is an unlawful act punishable by a state or other authority.
Historical background and timeline of BNS
IPC was India’s primary criminal code, drafted in 1860, which was based on the 1st law commission’s recommendations, that chaired by Lord Macaulay. The IPC was finally enacted in 1860 and commenced on January 1, 1862. IPC replaced various laws and customs of British India, except Princely states. Drafting and enacting the IPC was a challenging part, because every provision had to go through from deep and thorough debate over its provisions, which helped in shaping the final form of the Indian Penal Code (IPC). Currently, in India we are taking some steps to update and modernise the older version of the criminal code (IPC) to better reflect contemporary needs better. For which we drafted the Bharatiya Nyaya Sanhita (BNS), which aims to replace the IPC. The BNS came into effect after being passed by Parliament in December 2023. On 11th august 2023, the Home Affairs Minister Amit shah introduced Bharatiya Nyaya Sanhita Bill 2023, in lok sabha but Bharatiya Nyaya Sanhita Bill 2023 was withdrawn and reintroduced second time as Bharatiya Nyaya (second) Sanhita Bill 2023 on 12 December 2023 and on 20 December 2023 bill was passed in lok sabha and on 21 December 2023 bill was also passed in Rajya Sabha. And on 25 December 2023 President of India assented to the bill. And finally, on 1 July 2024, BNS came into effect.
Sections
Intentional insult of religion- sec 298 & 299
Section 298
Injuring or defiling,
- Place of worship
- Object held to be sacred
With the intention to hurt/insult religion of class of persons
[Similar to Section 295 from Old IPC]
PUNISHMENT
Upto 2 years/fine or both
Relevant IPC Case Law:
Ramji Lal Modi v. State of U.P., AIR 1957 SC 620: Upheld the constitutionality of Section 295A IPC, emphasizing the balance between freedom of speech and public order
Section 299
Deliberate and malicious acts by (words/signatures/visible representation/electronic records)
- Intended to outrage- religious feelings of any class (citizens of India)
- By insulting or attempt to insult its religion or religious beliefs.
[Similar to Section 295A from Old IPC]
PUNISHMENT
Upto 3years/fine or both
Example– Adipurush movie
Relevant IPC Case Law:
- Mahendra Singh Dhoni v. Yerraguntla Shyamsundar, (2017) 7 SCC 760
Section 300
Disturbing religious assembly
Lawfully engaged in
- Performing of religious worship
- Religious ceremonies
(knowledge of knowing party disturbed not intentionally but predict the consequences)
[Similar to Section 296 from Old IPC]
PUNISHMENT
Upto 1year/fine or both
Relevant IPC Case Law:
- State of Karnataka v. Appa Balu Ingale, AIR 1993 SC 1126: While primarily addressing caste discrimination, the case touched upon the sanctity of burial grounds and the implications of trespass.
Section 301
Trespassing on burial places
- Intention – wound the feeling of any person
- Insult- religion of any person
- Knowledge feelings likely to be wounded
Religion likely to be insulted
Trespass on
- Place of worship
- Any place of sepulture (tomb/graveyard)
- Any place that are for the performance of funeral rites or as a depository for the remains of the dead, or
- Offers any indignity to any human corpse
- Also Causes disturbance to any persons (person or group of persons) assembled for the performance of funeral ceremonies.
[Similar to Section 297 from Old IPC]
PUNISHMENT
Upto1year/fine or both
Relevant IPC Case Law:
- Basant Kumar v. State of Rajasthan, AIR 1996 SC 320: Examined the ingredients necessary to constitute an offense under Section 298 IPC.
Section 302
Uttering words with deliberate intent to wound the religious feelings (of person)
- Utters any word
- Makes any sound
- Make any gesture
Places any object in the sight and hear of that person.
[Similar to Section 298 from Old IPC]
PUNISHMENT
Upto1year/fine or both
New case law of BNS, 2023 related to offences related to religion section- 299, 302
IMRAN PRATAPGADHI V/S STATE OF GUJARAT [1545/2025]
Justices: Justice Abhay S. Oka, Justice Ujjal Bhuyan
Question(s):
Whether the recitation and posting of a poem by the appellant (person) will declared constituted offences punishable under Sections 196, 197, 299, 302, and 57 of the Bharatiya Nyaya Sanhita, 2023 (BNS), and whether filing of FIR violated the appellant’s FR under Article 19(1)(a) of the Constitution.
Factual Background:
The appellant, a Member of the Rajya Sabha, had posted on his verified ‘X’ (formerly Twitter) account a video clip from a mass marriage ceremony at which a poem was recited. Complaint alleged that the poem incited enmity between communities, promoted hatred, and harmed national unity. FIR was registered under Sections 196, 197(1), 302, 299, 57, and 3(5) of the BNS. The High Court dismissed the appellant’s petition after the appellant approached the Supreme Court
Decision of the Supreme Court: The Supreme Court allowed the appeal, abolished/cancel the FIR, and held that registration of the FIR in respect of the posted poem was a mechanical exercise without application of mind, amounted to a clear abuse of process of law, and violated the fundamental right of the appellant under Article 19(1)(a) of the Constitution.
Conclusion
The laws and acts of BNS was taken from IPC and introduced new offences and update and modernise the laws of IPC in BNS by introducing acts endangering India’s sovereignty, unity, and integrity and also introduced Terrorism and Mob lynching as an offence. Also new laws related religion were also added. Implementing the Bharatiya Nyaya Sanhita is a huge change in the evolution of India’s criminal justice system. In BNS it removes the shortcomings of Indian Penal Code and implement new modern principles and provisions, the important aim to enact BNS is to established a more effective, fair, and relevant legal framework for contemporary India. However, the successful transition will depend on overcoming the challenges associated with its implementation and ensuring that all stakeholders understand, accept, and utilise the new system effectively.
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