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Section 298: Defiling Place of Worship with Intent to Insult Religion of Any Class

Bharatiya Nyaya Sanhita • Chapter XV: Of Offences Affecting Public Health, Safety & Morals • Official Statutory Text & Legal Guide

Chapter XV: Of Offences Affecting Public Health, Safety & Morals
Any Magistrate
Non-Bailable
Cognizable
Formerly Sec 295 IPC
Section 297 All 358 Sections of Bharatiya Nyaya Sanhita Section 299

Legal Commentary & Landmark Judgments: Section 298

Section 298 penalises destroying, damaging, or defiling any place of worship or sacred object with the intention of insulting the religion of any class of persons, or with knowledge that such insult is likely.

  • Place of Worship or Sacred Object: Temple, mosque, church, gurdwara, idol, holy book, or consecrated symbol.
  • Act of Destruction or Defilement: Demolishing, burning, desecrating, or contaminating with impure substances.
  • Insulting Intent: Intending thereby to insult the religion of any class of persons, or knowing it likely to be considered an insult.
Key Landmark Precedents:
  • S. Veerabadran Chettiar v. E.V. Ramaswami Naicker AIR 1958 SC 1032: The Supreme Court held that 'sacred object' must be interpreted liberally to include idols, shrines, and symbols held sacred by any religious group, regardless of artistic or material form.
  • Joseph Shine v. Union of India (2019) 3 SCC 39: Reaffirmed that penal laws safeguarding religious sentiments and places of worship must be enforced strictly to preserve communal harmony.
Courtroom Practice & Strategic Litigation Guidance:

Forensic video recording and CCTV footage showing the active desecration must be corroborated with certificate under Section 63 BSA. Defence should examine whether property was an abandoned private ruin without sacred character.

Section 297 All 358 Sections of Bharatiya Nyaya Sanhita Section 299