Section 297 IPC: Trespassing on Burial Places, Indignity to a Corpse and Disturbing Funeral Ceremonies
Section 297 of the Indian Penal Code, 1860 dealt with specified acts at places of worship, places of sepulture, places used for funeral rites or repositories for human remains, as well as indignity to a human corpse and disturbance of funeral ceremonies, when accompanied by the intention or knowledge required by the section.
Text and meaning of Section 297 IPC
Section 297 applied where a person, intending to wound another person's feelings or insult another person's religion, or knowing that such feelings were likely to be wounded or religion likely to be insulted, committed one of the acts specified in the provision.
The specified acts were trespass in a place of worship, place of sepulture, place set apart for funeral rites or repository for the remains of the dead; offering indignity to a human corpse; or causing disturbance to persons assembled for funeral ceremonies.
The prescribed punishment was imprisonment of either description for a term which could extend to one year, or fine, or both.
Essential ingredients of the offence
For Section 297 IPC to apply, the prosecution had to establish both the prohibited conduct and the mental element stated in the section. The provision was not framed as a general prohibition on every entry into a burial or funeral place.
- Required intention or knowledge: intention to wound the feelings of any person or insult the religion of any person, or knowledge that such feelings were likely to be wounded or such religion likely to be insulted.
- Trespass at a protected place: trespass in a place of worship, a place of sepulture, a place set apart for funeral rites, or a place used as a depository for the remains of the dead; or
- Indignity to a corpse: offering any indignity to a human corpse; or
- Disturbance of funeral ceremonies: causing disturbance to persons assembled for the performance of funeral ceremonies.
Meaning of important expressions
Place of sepulture
In the context of Section 297 IPC, a place of sepulture means a place used for burial or interment of the dead. The section separately extended protection to places set apart for funeral rites and places used as repositories for human remains.
Indignity to a human corpse
The provision covered conduct amounting to indignity to a human corpse when accompanied by the intention or knowledge specified in Section 297. Whether particular conduct satisfied the provision depended on the facts and evidence of the case.
Intention and knowledge
The mental element was an express part of Section 297. It could consist of the specified intention, or knowledge that the relevant feelings were likely to be wounded or religion likely to be insulted. The surrounding circumstances and proved conduct were therefore material to application of the section.
Punishment and classification before BNS and BNSS
| Offence | Trespass in the specified protected places, disturbance of funeral ceremonies, or indignity to a human corpse, with the intention or knowledge required by Section 297 IPC |
|---|---|
| Punishment | Imprisonment of either description up to one year, or fine, or both |
| Cognizable | Yes |
| Bailable | Yes |
| Court | Any Magistrate |
Section 297 IPC in Chapter XV
Section 297 formed part of Chapter XV of the Indian Penal Code, titled "Of Offences Relating to Religion." Nearby provisions dealt with injury or defilement of a place of worship, deliberate and malicious acts intended to outrage religious feelings, disturbance of a religious assembly, and words or gestures made with deliberate intent to wound religious feelings.
Practical legal point
The existence of a protected place or funeral setting alone did not state the complete offence. The conduct alleged had to fall within one of the acts described by Section 297 and be accompanied by the statutory intention or knowledge. The precise allegations, surrounding circumstances and admissible evidence therefore remained important in determining whether the section was attracted.
This page is an informational explanation of the pre-BNS statutory position and is not a substitute for advice on the facts of a particular case.