Section 301: Trespassing on Burial Places, Places of Sepulture

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
Bailable
Cognizable
Formerly Sec 297 IPC

Legal Commentary & Landmark Judgments: Section 301

Section 301 penalises trespassing on burial places, places of sepulture, places set apart for funeral rites, or offering indignity to human corpses with intent to wound religious feelings or insult religion.

  • Protected Site or Corpse: Cemetery, cremation ground, burial place, tomb, or human corpse undergoing funeral rites.
  • Act of Trespass or Indignity: Unlawful entry, vandalism, damaging tombstones, or dishonoring dead bodies.
  • Wounding Intent: Done with intention of wounding the feelings of any person, or insulting their religion.
Key Landmark Precedents:
  • Ashray Adhikar Abhiyan v. Union of India (2002) 2 SCC 27: The Supreme Court held that the right to dignity under Article 21 extends beyond death; every deceased human being is entitled to a decent burial/cremation according to their religious faith.
  • Pt. Parmanand Katara v. Union of India (1995) 3 SCC 248: Reaffirmed that human dead bodies must be treated with dignity and protected from mutilation or post-mortem indignity.
Courtroom Practice & Strategic Litigation Guidance:

Check land title records to establish that the land was legally consecrated or recognized as a graveyard or cremation ground. Indignity to dead bodies also violates fundamental rights under Article 21.