Home  /  Bharatiya Nyaya Sanhita  /  Section 302

Section 302: Uttering Words with Deliberate Intent to Wound Religious Feelings

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
Non-Cognizable
Formerly Sec 298 IPC
Section 301 All 358 Sections of Bharatiya Nyaya Sanhita Section 303

Legal Commentary & Landmark Judgments: Section 302

Section 302 of the BNS, 2023 penalises uttering any word or making any sound in the hearing of any person, or making any gesture, or placing any object in sight of any person, with the deliberate intention of wounding their religious feelings (replacing Section 298 IPC).

  • Utterance or Gesture: Spoken words, vocal sounds, gestures, or displaying insulting objects.
  • Within Perception: Uttered in the hearing or placed in the sight of the complainant.
  • Deliberate Intent to Wound: Deliberate and specific intention of wounding the religious feelings of that individual.
Key Landmark Precedents:
  • Shalibhadra Shah v. Swami Krishna Bharati (1981) Cri LJ 113 (Guj): Held that this section requires deliberate intention to wound religious feelings; critical religious discussions or theological debates in courteous language do not attract liability.
  • Ramji Lal Modi v. State of U.P. AIR 1957 SC 620: Clarified the hierarchy of religious offences, noting that while Section 295A deals with public outrage, Section 298 (Section 302 BNS) targets individualized verbal wounding.
Courtroom Practice & Strategic Litigation Guidance:

Crucial trial boundary: Section 302 is non-cognizable and bailable. Prove the exact verbatim words uttered. Legitimate scholarly critique, comparative theological discussions, or reformist debates lack deliberate wounding mens rea and are protected by Article 19(1)(a).

Section 301 All 358 Sections of Bharatiya Nyaya Sanhita Section 303