Side-by-Side Comparison

295 vs 298

The legal transition of laws protecting the physical sanctity of religious sites from IPC 295 to BNS 298.

What Changed?

Direct renumbering from IPC 295 to BNS 298.

Identical punishment of 2 years imprisonment or fine, or both.

The legal requirement of intent to insult remains the primary threshold.

Verdict

"Continues protection against communal provocation through the desecration of holy sites."

Detailed Analysis

OLD LAW (IPC)

295

Act of 1860

Section Data Pending

Details for this section are being updated.

PunishmentN/A

REFORM

NEW LAW (BNS)

298

Act of 2024

Section Data Pending

Details for this section are being updated.

PunishmentN/A

1860

295 Origin

2024

298 Reform

Legal Implications

Section 298 of the BNS (IPC 295) punishes anyone who physically damages or desecrates a place of worship or an object held sacred. The law protects both the physical site and the psychological harm and social instability caused by the intent to insult a religious community.

Practical Scenarios

"Vandalizing a temple idol to incite members of the community (BNS 298)."

"Deliberately damaging a holy book in a public place to hurt religious sentiments (BNS 298)."

Expert Q&A

Does defacement of an idol always lead to a 298 charge?

Only if it is done with the specific intention to insult the religion. Accidental damage or damage without religious intent might be covered under Mischief.

What is the intent requirement for Section 295/BNS 298?

Section 295 requires intention to insult religion OR knowledge that the act is likely to be considered an insult. Accidental damage to a religious structure is not Section 295 — the criminal intent to insult distinguishes it from negligent property damage.

What is the difference between Section 295 (defiling place) and Section 295A (insulting religious beliefs)?

Section 295 requires physical destruction or defilement of a place of worship or sacred object. Section 295A covers words, signs, or representations that insult religious beliefs — no physical act required. Section 295A is Non-Bailable; Section 295 is Bailable.

What are examples of Section 295 offences?

Vandalism of mosques, temples, churches, or gurudwaras with intent to provoke; desecrating holy books with intent to cause religious offence; placing offensive objects inside places of worship; entering a place of worship with shoes deliberately to defile its sanctity.

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