BNS Section 194 - Trespassing on Burial Places
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 sepulture.
Official Text
“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 sepulture.”
Legal Analysis
Elements to Prove:
- Trespass on religious place.
- Intent to wound feelings or insult religion.
- Knowledge of likely offense.
Potential Defenses:
- No intent to offend.
- Lawful authority.
- Emergency situation.
Practical Examples
What Constitutes the Offense:
Desecrating graves, vandalizing temples, disrespecting religious sites.
What Doesn't Constitute:
Authorized visits, maintenance work, or lawful activities.
Punishment
Imprisonment up to 1 year, or Fine, or both