Defiling a Place of Worship Under the BNS (Section 298): IPC 295 Mapping (2026)
What injuring or defiling a place of worship means under Section 298 of the Bharatiya Nyaya Sanhita, 2023, the old IPC section it replaced, the role of intent, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
A temple idol is damaged, a mosque wall is defaced, a church is vandalised, or a holy book is torn. These acts hurt a community, and they can set off wider tension. Indian criminal law treats an attack on a place of worship or a sacred object, done to insult a religion, as a distinct offence. This explainer sets out the provision in plain terms: its section number under the Bharatiya Nyaya Sanhita, 2023 (BNS), the old Indian Penal Code (IPC) section it replaced, the part that intent plays, and the punishment. Last verified October 2026.
- What it is: destroying, damaging, or defiling a place of worship or a sacred object, to insult a religion.
- New section: Section 298 of the BNS, 2023.
- Old section: it replaced Section 295 of the IPC.
- Key element: intent to insult a religion, or knowledge that a class will see the act as an insult.
- Punishment: imprisonment up to two years, or a fine, or both. Cognizable, non-bailable, triable by any Magistrate (confirm against the BNSS First Schedule).
01The problem this section addresses
A place of worship is not just a building. It stands for the faith of a community, and an attack on it is felt as an attack on the community itself. The law steps in to protect that sense of the sacred, and to stop acts that are meant to insult a religion or that a reasonable person would see as an insult.
Common fact patterns include:
- Destroying or damaging a temple, mosque, church, gurudwara, or any place set apart for worship.
- Defiling such a place, for example by smearing or dumping on it.
- Damaging or defiling a sacred object held in esteem by a class of persons, such as an idol or a holy book.
The act must be tied to an insult to religion. A simple act of damage without that element may be ordinary mischief, not this offence.
02What the offence is (answer first)
Injuring or defiling a place of worship is an offence under Section 298 of the Bharatiya Nyaya Sanhita, 2023. It replaced Section 295 of the Indian Penal Code, 1860. The BNS came into force on 1 July 2024.
The section punishes a person who destroys, damages, or defiles any place of worship, or any object held sacred by a class of persons, either with the intention of thereby insulting the religion of any class of persons, or with the knowledge that a class of persons is likely to consider such act an insult to their religion.
The offence is not proved by the damage alone. It needs intent to insult a religion, or knowledge that a community will treat the act as such an insult.
So two things must come together: an act against a place of worship or a sacred object, and the required state of mind about insulting religion.
03From IPC 295 to BNS 298: what changed
This offence moved from the IPC to the BNS with its substance intact. The wording and the punishment are the same.
| Point | Old law (IPC Section 295) | New law (BNS Section 298) |
|---|---|---|
| Conduct covered | Destroying, damaging, or defiling a place of worship or sacred object | Same |
| State of mind | Intent to insult religion, or knowledge of likely insult | Same |
| Maximum imprisonment | Up to 2 years | Up to 2 years |
| Fine | Fine, or both | Fine, or both |
In short, the offence is carried over without a change in punishment. It sits within the group of BNS sections on offences relating to religion.
04Intent and knowledge: the key element
The heart of this offence is the state of mind. The act of damage is not enough on its own. The prosecution must show one of two things:
- Intention: that the accused acted with the purpose of insulting the religion of a class of persons, or
- Knowledge: that the accused knew a class of persons was likely to treat the act as an insult to their religion.
Why this element matters
The intent or knowledge requirement separates this religious offence from ordinary damage to property. It is also what makes these cases fact-heavy, because the court must read the act in its context: what was done, to what, and in what circumstances.
Because the element is about the mind of the accused, the surrounding facts (what was said, the setting, and the target chosen) often decide the case.
05Punishment and classification
The punishment under Section 298 of the BNS is imprisonment of either description for a term that may extend to two years, or a fine, or both.
| Item | Position under BNS Section 298 |
|---|---|
| Maximum imprisonment | Two years (simple or rigorous) |
| Fine | Fine, or both, in addition to or instead of imprisonment |
| Cognizable or non-cognizable | Cognizable |
| Bailable or non-bailable | Non-bailable |
| Triable by | Any Magistrate |
Confirm the classification against the First Schedule of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) as it stands on the date of the case.
06Related offences relating to religion
Section 298 is one of a cluster of BNS offences that protect religious life and feeling. The others worth knowing are:
- deliberate and malicious acts to outrage religious feelings (Section 299, the old 295A), which carries up to three years.
- disturbing a religious assembly, which protects worship that is in progress.
- uttering words to wound religious feelings (Section 302, the old 298).
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Because a charge under Section 298 stands or falls on intent and context, the most useful guide is how earlier benches have read the insult-to-religion element and drawn the line between this offence and plain mischief. Claw lets you reach that reading fast. It searches a store of more than 30 crore judgments and returns results in under five seconds, with coverage of the Supreme Court from 1950 and the High Courts from 1990, and it follows live cases, orders and hearings under this section, by party or advocate name, across 9,102 courts, benches and forums. Claw does not use your case documents to train its AI models.
Create a free Claw account to study how courts have treated the intent element and to keep track of a live matter, and for the wider picture see case search across Indian courts.
08Sources and further reading
- India Code (official text of central Acts): indiacode.nic.in
- BNS Section 298 (injuring or defiling place of worship): devgan.in
- BNS Chapter XVI (offences relating to religion): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
Which BNS section covers defiling a place of worship?
Section 298 of the Bharatiya Nyaya Sanhita, 2023 covers injuring or defiling a place of worship, or a sacred object, with intent to insult a religion. It replaced Section 295 of the Indian Penal Code and came into force on 1 July 2024.
What must be proved under BNS Section 298?
That the accused destroyed, damaged, or defiled a place of worship or a sacred object, and did so either with the intention of insulting a religion or with the knowledge that a class of persons would likely treat the act as an insult to their religion. The state of mind is central.
What is the punishment under BNS Section 298?
Imprisonment of either description for up to two years, or a fine, or both. This is the same punishment as the old IPC Section 295.
Is damaging a holy book covered by this section?
It can be, if the book is an object held sacred by a class of persons and the act is done with intent to insult their religion, or with knowledge that they are likely to see it as an insult. The facts and the state of mind decide it.
Is the offence under Section 298 bailable?
Public sources list it as cognizable, non-bailable, and triable by any Magistrate. Always confirm the classification against the First Schedule of the BNSS as it stands on the date of the case.
How can I find judgments on offences relating to religion?
On Claw you can search more than 30 crore judgments in under five seconds for rulings on Section 298 and the related religious offences, with the Supreme Court covered from 1950 and the High Courts from 1990, and you can follow a live matter under this section by party or advocate name across 9,102 courts, benches and forums. Open a free Claw account to search and track these cases.