298 vs 302
The re-numbering of religious insult laws — CRITICAL ALERT: BNS 302 is NOT murder. Murder moved to BNS 103. BNS 302 now handles verbal insults to individual religious feelings.
What Changed?
Renumbered from IPC 298 to BNS 302.
CRITICAL: The number 302, which meant Murder in the IPC, now refers to Wounding Religious Feelings in the BNS.
IPC 302 (Murder) → BNS 103. BNS 302 is a completely different provision.
Maintains the 1-year punishment and non-cognizable status.
Verdict
"One of the most confusing renumberings in the BNS: IPC 302 (Murder) is now BNS 103, while BNS 302 is Wounding Religious Feelings. Every lawyer, student, and journalist must verify the Act when citing Section 302."
Detailed Analysis
298
Section Data Pending
302
Section Data Pending
Legal Implications
Practical Scenarios
"Using religious slurs directly against a person during a grocery store argument (BNS 302)."
"Making mocking gestures at someone specifically while they are engaged in prayer (BNS 302)."
Expert Q&A
Is BNS 302 the same as IPC 302?
NO. This is a major confusion. IPC 302 was the section for Murder. In the BNS, Section 302 is for Wounding Religious Feelings. Murder has moved to Section 103. Always specify the Act name (BNS vs IPC) when citing Section 302.
Why is 302 non-cognizable?
Because it often involves verbal altercations between individuals. The law requires a magistrate's order to investigate, preventing immediate arrest for verbal exchanges.
How is Section 298/BNS 302 different from Section 295A?
Section 298 applies to direct personal insults to a SPECIFIC INDIVIDUAL during direct interaction. Section 295A applies to public insults targeting CLASSES of persons with potential to disturb public order. Section 295A is Non-Bailable and Cognizable; Section 298 is Non-Cognizable and Bailable.
What is the BNS equivalent of IPC 298?
IPC Section 298 → BNS Section 302. Same 1-year maximum and non-cognizable status preserved.
Can a gesture attract Section 298/BNS 302?
Yes — Section 298 expressly covers gestures made in sight with deliberate intent to wound religious feelings. Displaying an offensive image, making a mocking gesture during a person's prayer, or placing an insulting object where they will see it can all constitute Section 298.
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