Bharatiya Nyaya Sanhita, 2023
Section 298
Injuring or defiling place of worship with intent to insult religion of any class
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Why this exists
This provision protects religious harmony by punishing deliberate desecration of religious sites and sacred objects — acts that are often used to provoke communal tension and hurt the sentiments of a religious community.
How courts read it
Courts have historically required proof of intention to insult, or clear knowledge that the act would likely be seen as an insult to religion, rather than treating any accidental damage to a religious site as criminal.
Common misconceptions
- Myth: Any accidental damage to a religious structure counts as a crime under this section.
Fact: The law requires either an intention to insult a religion or knowledge that the act is likely to be seen that way — purely accidental damage without such intent or knowledge does not fall under this section.