BACK TO SECTIONSAIR 1987 SC 748
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
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 in 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...
Simplified
Section 297 protects the dignity of the dead and the sanctity of funeral spaces — burial grounds, crematoriums, ghats, and places where funeral rites are performed are legally protected against deliberate desecration. The provision requires intent to wound feelings or insult religion — accidental trespass in a cemetery while sightseeing is not Section 297. The combination of 'place of worship' and 'place of sepulture' in the same section reflects that both spaces share a quality of sacredness in virtually every cultural tradition.
Legal Evolution
Section 297 on trespass to burial places reflects both English law's protection of burial grounds and the IPC drafters' awareness of the deep religious and cultural significance of funerary sites across India's communities. The provision covers Hindu cremation grounds, Muslim graveyards, Christian cemeteries, and Parsi towers of silence alike. Desecration of burial places has consistently been treated as a grave matter capable of provoking communal violence.
Landmark Precedents
Bijoe Emmanuel v. State of Kerala (1986)
RELEVANCE
Discussed constitutional protection of religious sentiments — Section 297 protections reflect the constitutional value of human dignity extending to the deceased and their final resting places.
Practical Scenarios
"Entering a graveyard at night to intentionally damage gravestones — Section 297."
"Disrupting a cremation ceremony to protest the deceased's religion — Section 297."
Common Queries
Only if done with the 'intent to wound feelings' or 'insult religion.' Accidental trespass is not covered.