Uttering Words to Wound Religious Feelings Under the BNS (Section 302): IPC 298 Mapping (2026)
What uttering words or making gestures to wound religious feelings means under Section 302 of the Bharatiya Nyaya Sanhita, 2023, the old IPC 298 it replaced, how it differs from the wider religious offences, and the punishment. Last verified October 2026.
Explainer · Criminal Law · BNS
A person says something, makes a gesture, or places an object in front of another person, on purpose, to wound that person’s religious feeling. This is a smaller, more personal offence than the headline provisions on religion, but it is a real one, and it is often charged alongside them. 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, how it differs from the wider religious offences, and the punishment. Last verified October 2026.
- What it is: a deliberate word, sound, gesture, or object aimed at one person to wound that person’s religious feeling.
- New section: Section 302 of the BNS, 2023 (not murder, not snatching).
- Old section: it replaced Section 298 of the IPC.
- Punishment: imprisonment up to one year, or a fine, or both.
- Classification: non-cognizable, bailable, triable by any Magistrate (confirm against the BNSS First Schedule).
01The problem this section addresses
Not every religious insult is aimed at a whole community. Sometimes it is aimed at one person, face to face, to wound that person’s religious feeling. The law provides for this too, with a focused offence that protects the individual rather than a class.
Typical situations include:
- Saying a word or making a sound within a person’s hearing, meant to wound their religious feeling.
- Making a gesture in a person’s sight for the same purpose.
- Placing an object in a person’s sight to wound their religious feeling.
The offence is deliberate and personal. It is built around the intention to wound a particular person’s feeling.
02What the offence is (answer first)
Uttering words or making gestures to wound religious feelings is an offence under Section 302 of the Bharatiya Nyaya Sanhita, 2023. It replaced Section 298 of the Indian Penal Code, 1860. The BNS came into force on 1 July 2024.
The section punishes a person who, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person.
Section 302 protects the individual: it punishes a deliberate word, sound, gesture, or object meant to wound one person’s religious feeling.
The act must be aimed at a person and must be done with the deliberate intention of wounding that person’s religious feelings.
03A note on the number 302
The number 302 may surprise readers who remember the old code, where Section 302 of the IPC was the punishment for murder. Under the BNS the numbering has shifted. Murder is now dealt with by a different section of the BNS, and Section 302 of the BNS is this religious-feelings offence.
Do not confuse the numbers
Section 302 of the BNS is about wounding religious feelings, not murder and not snatching. Theft and snatching are separate offences with their own BNS sections. Always read the title of the section, not just the number, because many numbers changed when the IPC became the BNS.
04From IPC 298 to BNS 302: what changed
This offence moved from the IPC to the BNS with its substance intact.
| Point | Old law (IPC Section 298) | New law (BNS Section 302) |
|---|---|---|
| Conduct covered | Word, sound, gesture, or object to wound a person’s religious feeling | Same |
| Required intent | Deliberate intention of wounding religious feelings | Same |
| Maximum imprisonment | Up to 1 year | Up to 1 year |
| Fine | Fine, or both | Fine, or both |
So the offence and its punishment are carried over. The main change is the section number.
05How it differs from Sections 298 and 299
It helps to place this offence beside its two bigger neighbours, because the three are often confused.
- Section 302 (this offence): a deliberate word, gesture, or object aimed at one person to wound that person’s religious feeling. Up to one year.
- Section 299 (the old 295A): a deliberate and malicious insult to the religion of a class of citizens. Up to three years.
- Section 298 (the old 295): damaging or defiling a place of worship or a sacred object to insult a religion. Up to two years.
So the dividing line is the target: a single person (302), a class of citizens (299), or a place or object of worship (298). See also disturbing a religious assembly.
06Punishment and classification
The punishment under Section 302 of the BNS is imprisonment of either description for a term that may extend to one year, or a fine, or both.
| Item | Position under BNS Section 302 |
|---|---|
| Maximum imprisonment | One year (simple or rigorous) |
| Fine | Fine, or both, in addition to or instead of imprisonment |
| Cognizable or non-cognizable | Non-cognizable |
| Bailable or non-bailable | 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.
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 this offence is narrow and personal, courts weigh the exact words, the gesture and the intent, and the old Section 298 rulings still set the guide you will want before advising on a charge. Claw lets you search more than 30 crore judgments for how benches have read the deliberate intent requirement, with each result returned in under 5 seconds. It also keeps the cases, orders and hearings in a live matter in view, under this section or by party name or advocate name, across 9,102 courts, benches and forums. Claw does not use customer documents to train its AI models.
Create a free Claw account to look up the old and new authorities and follow a matter by party name or advocate name. 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 302 (wounding religious feelings): 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 wounding religious feelings by words?
Section 302 of the Bharatiya Nyaya Sanhita, 2023 covers uttering words or sounds, making gestures, or placing objects with the deliberate intention of wounding a person’s religious feelings. It replaced Section 298 of the Indian Penal Code and came into force on 1 July 2024.
Is BNS Section 302 the murder section?
No. Under the old IPC, Section 302 was murder, but the numbering changed in the BNS. In the BNS, Section 302 is the offence of wounding religious feelings. Murder and snatching are dealt with under different BNS sections, so read the title, not just the number.
What is the punishment under BNS Section 302?
Imprisonment of either description for up to one year, or a fine, or both. This is the same punishment as the old IPC Section 298.
How is Section 302 different from Section 299?
Section 302 targets a deliberate act aimed at wounding one person’s religious feeling, and carries up to one year. Section 299 (the old 295A) targets a deliberate and malicious insult to the religion of a whole class of citizens, and carries up to three years.
Is the offence under Section 302 bailable?
Public sources list it as non-cognizable, 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 Section 302 and the old 298?
You can search Claw across more than 30 crore judgments, in under 5 seconds, to pull rulings on Section 302 and the old Section 298, and track the cases, orders and hearings in a live matter by party name or advocate name across 9,102 courts, benches and forums. A free Claw account lets you do both.