Bharatiya Nyaya Sanhita, 2023
Section 301
Trespassing on burial places, etc
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 on any place of sepulchre, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Why this exists
This provision protects the dignity of the dead and the sanctity of funeral rites and burial or cremation grounds, recognising that interference with these deeply personal and religious rituals causes serious emotional and religious harm to grieving families and communities.
Common misconceptions
- Myth: This section only protects Hindu cremation grounds.
Fact: It protects any place of worship, burial ground, cremation ground, or place for funeral rites, regardless of the religion involved.