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IPC 297 → BNS 301: Trespass Burial Place

IPC Section 297 (Trespass Burial Place) under the old Indian Penal Code 1860 is now covered under Section 301 of the new Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

Old Law — IPC 1860

297

Trespass Burial Place

Trespassing on burial places, etc.

New Law — BNS 2023

301

Trespass Burial Place

Punishment / Liability
Same - Up to 1 year
Key Change / Note
No major change

Facing a case under BNS 301?

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What changed for IPC 297?

IPC 297 (Trespass Burial Place) — trespassing on burial places, etc. — now maps to BNS Section 301. Key change: No major change. Punishment under BNS 301: Same - Up to 1 year.

IPC 297 (now BNS 301): Trespassing on Burial Places & Places of Worship

IPC Section 297 punishes trespass in a place of worship or sepulture (burial/cremation ground) with intent to wound the religious feelings of others, offer indignity to a human corpse, or disturb persons assembled for funeral rites. From 1 July 2024 it continues as Section 301 of the Bharatiya Nyaya Sanhita (BNS) 2023.

What IPC 297 / BNS 301 covers

The offence is made out when a person, with the relevant intent or knowledge, (a) trespasses on a place of worship or burial, (b) offers indignity to a human corpse, or (c) disturbs persons assembled for funeral rites.

Punishment under BNS 301 (same as IPC 297)

  • Imprisonment up to 1 year, or fine, or both.

What changed?

Only the number (IPC 297 → BNS 301). The ingredients and the 1-year maximum are retained. New FIRs cite BNS 301.

Practical notes

  • The intent (to wound religious feelings / insult a corpse / disturb rites) is essential — mere trespass without that intent does not attract this section.
  • Consult a lawyer; verify the wording against the official BNS bare act.

Frequently Asked Questions

What is the BNS equivalent of IPC Section 297?

IPC Section 297 (Trespass Burial Place) is now covered under Section 301 of the Bharatiya Nyaya Sanhita (BNS) 2023, effective from 1 July 2024.

What is the punishment under BNS 301?

Same - Up to 1 year

What is the key difference between IPC 297 and BNS 301?

No major change

Is IPC 297 still valid in India?

No. The Indian Penal Code 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 on 1 July 2024. The trespass burial place offence earlier in IPC 297 is now governed by BNS 301 — pending IPC 297 cases continue, but new FIRs cite BNS 301.

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