What is Section 297 IPC? Trespassing on burial places, etc.
Published on: Lawiz Team
Learn about Section 297 IPC: Trespassing on burial places, etc.
Official Legal 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, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies,shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
What This IPC Section Means – Explained in Simple Words
Section 297 punishes anyone who unlawfully trespasses on burial places or any place set apart for funeral rites with the intent to insult the religion of any class.
Purpose
To protect the sanctity of burial grounds and places of funeral rites from desecration or disrespect.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 1 year, or fine, or both.
Scope and Application
Applies to any person who unlawfully enters, disturbs, or damages burial grounds or places of funeral rites.
Important Legal Points
The entry must be unlawful, and the intention must be to insult the religion of any class.
Illustrative Example
A person entering a cemetery and defacing tombstones to insult a religion can be punished under this section.
Exceptions and Special Cases
Does not apply to lawful entry for official or emergency purposes.
Punishment Details
Imprisonment for a term which may extend to one year, or with fine, or with both.
FAQs
What is Section 297 IPC about?
Official legal meaning and explanation of Section 297 IPC.
What is the punishment under Section 297 IPC?
Punishment details under Section 297 IPC.
Is offence under Section 297 IPC bailable?
Depends on the seriousness and nature of offence under Section 297 IPC.
Is Section 297 IPC a cognizable offence?
Generally based on severity; needs proper case-by-case analysis.
How to file a case under Section 297 IPC?
Visit local police station, file FIR, submit necessary evidence.
How can a person defend against Section 297 IPC charges?
Possible defences include lack of intention, false accusation, or absence of legal ingredients.
Which court handles cases under Section 297 IPC?
Usually Magistrate Court or Sessions Court depending on punishment prescribed.