संSamvidhan

Practice paper — BNS Chapter XVI — Of Offences Relating To Religion

25 questions · answer key at the end · no time limit

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1.Which of the following acts is/are expressly covered by Section 298 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Stealing from a place of worship
- (B) Destroying, damaging or defiling a place of worship or an object held sacred by any class of persons
- (C) Speaking against a religion in a public forum
- (D) Obstructing access to a place of worship without causing damage
2.What is the maximum term of imprisonment provided under Section 298 for the offence described?
- (A) Six months
- (B) One year
- (C) Two years
- (D) Five years
3.Which mental states are sufficient under Section 298 for criminal liability to arise?
- (A) Negligence or recklessness
- (B) Strict liability (no mental state required)
- (C) Only intention to commit vandalism
- (D) Intention to insult religion of any class or knowledge that any class is likely to consider the act an insult
4.A person accidentally breaks a religious object while cleaning, genuinely unaware that it is an object held sacred by a class of persons. Is Section 298 applicable on the facts as stated?
- (A) Yes — any destruction of a sacred object triggers Section 298
- (B) No — the section requires intention or knowledge that the act would insult a religion
- (C) Yes — because damage alone is enough even if not intended
- (D) Only if the object was in a public place of worship
5.Does Section 298 require that the offender be a member of the class whose religion is insulted for the offence to be made out?
- (A) No — the provision does not require the offender to belong to the class whose religion is insulted
- (B) Yes — the offender must belong to the class whose religion is insulted
- (C) Yes — but only if the act occurred inside the place of worship
- (D) Only if the prosecution proves the offender belonged to that class
6.Which mental element is expressly required by Section 299 of the Bharatiya Nyaya Sanhita, 2023 for the offence?
- (A) Deliberate and malicious intention
- (B) Negligence
- (C) Recklessness
- (D) Strict liability (no mental element required)
7.Under what modes can the insult or attempt to insult the religion or religious beliefs occur according to Section 299?
- (A) Only by words, either spoken or written
- (B) Only by signs or visible representations
- (C) Only through electronic means
- (D) By words (spoken or written), signs, visible representations, through electronic means or otherwise
8.If a person unintentionally insults the religious beliefs of a class (without deliberate and malicious intention), is that person liable under Section 299?
- (A) Yes, any insult to religion is punishable regardless of intention
- (B) Yes, if the insult is published widely
- (C) No, because the provision requires deliberate and malicious intention
- (D) Only if a court finds that the insult attempted to outrage public order
9.Does Section 299 criminalise an "attempt to insult" the religion or religious beliefs of a class?
- (A) No, it only penalises completed insults
- (B) Yes, it expressly includes "insults or attempts to insult"
- (C) Only where the attempt results in physical damage
- (D) Only where the attempt is made through electronic means
10.To whom does the protection in Section 299 expressly refer when it speaks of "outraging the religious feelings"?
- (A) Any person worldwide whose religious feelings are outraged
- (B) Any class of citizens of India
- (C) Only members of officially recognised religions
- (D) Only individuals, not groups or classes
11.What specific conduct does Section 300 of the Bharatiya Nyaya Sanhita, 2023 criminalize?
- (A) Causing voluntary disturbance to any assembly lawfully engaged in political protest.
- (B) Voluntarily causing disturbance to any assembly lawfully engaged in the performance of religious worship or religious ceremonies.
- (C) Disturbing any private conversation between individuals during a religious festival.
- (D) Organizing an unlawful assembly for non-religious purposes.
12.Which assemblies are protected under Section 300?
- (A) Assemblies lawfully engaged in the performance of religious worship or religious ceremonies.
- (B) Any assembly, whether lawful or unlawful, performing any activity.
- (C) Only state-authorized religious processions, not private worship services.
- (D) Assemblies engaged in secular cultural events.
13.A person accidentally causes a loud noise that disrupts a lawful religious ceremony. Under Section 300, is that person criminally liable?
- (A) Yes, because any disturbance to a religious assembly is punishable.
- (B) Yes, but only if the ceremony was held in public property.
- (C) No, because the disturbance must be caused voluntarily.
- (D) No, because Section 300 applies only to physical assault.
14.Does Section 300 apply to disturbance of an assembly that is not lawfully engaged in religious worship or ceremonies?
- (A) Yes — any disturbance of any assembly is covered.
- (B) Yes — provided the disturbance occurs during a festival season.
- (C) No — the assembly must be lawfully engaged in religious worship or ceremonies.
- (D) No — it applies only when two or more assemblies are involved.
15.Which of the following correctly states the punishment provided by Section 300?
- (A) Imprisonment for any term, with mandatory fine.
- (B) Imprisonment of either description for a term which may extend to one year, or with fine, or with both.
- (C) Only a fine, the amount to be determined by the court.
- (D) Imprisonment for more than one year and compulsory community service.
16.Which mental state(s) does Section 301 of the Bharatiya Nyaya Sanhita require for the offence described?
- (A) Negligence or recklessness regarding the feelings or religion of any person
- (B) Intention to wound feelings or to insult religion, or knowledge that such feelings or religion are likely to be insulted
- (C) Strict liability — no mental element required
- (D) Motive of personal gain or profit
17.Which of the following acts is specifically covered by Section 301?
- (A) Committing trespass in a place of worship, offering indignity to a human corpse, or causing disturbance to persons assembled for funeral ceremonies
- (B) Any insult to religion wherever it occurs, even outside places of worship or funeral gatherings
- (C) Only offering indignity to a corpse, irrespective of location
- (D) Only disturbing a religious congregation, but not funeral ceremonies
18.A person standing outside a cremation ground (not trespassing) loudly shouts and thereby disrupts the funeral ceremony of a family inside. Under Section 301, is this likely an offence?
- (A) No — the section applies only to trespass inside the cremation ground
- (B) No — the section does not cover disturbances during funeral ceremonies
- (C) Only if the person also offered indignity to the corpse
- (D) Yes — causing disturbance to persons assembled for the performance of funeral ceremonies is covered even without trespass
19.If an authorised priest lawfully present inside a place of worship speaks words that insult the religion but does not commit trespass or otherwise offer indignity, does Section 301 apply to that conduct?
- (A) Yes — any insult inside a place of worship is covered
- (B) Yes — because presence in a place of worship implies trespass
- (C) No — the section applies to trespass, offering indignity to corpse, or causing disturbance at funerals; mere lawful presence and speech that insults does not fall within those acts
- (D) No — speech is always excluded from Section 301
20.Does Section 301 require proof of intention or knowledge for offences such as "offering any indignity to any human corpse"?
- (A) No — the mental element applies to the trespass clause only; offering indignity to a corpse is an offence irrespective of intention
- (B) Yes — the initial clause requiring intention or knowledge qualifies the subsequent acts including offering indignity to a corpse
- (C) No — the provision is silent on mental state for acts other than trespass
- (D) Yes — but only intention, not knowledge, is required for acts relating to corpses
21.Which of the following acts is expressly covered by Section 302 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Uttering any word or making any sound in the hearing of that person
- (B) Making any gesture in the sight of that person
- (C) Placing any object in the sight of that person
- (D) All of the above
22.What mental element is required for an offence under Section 302 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Deliberate intention to wound the religious feelings of any person
- (B) Knowledge that religious feelings might be wounded
- (C) Negligence or carelessness
- (D) No mental element is required
23.What is the maximum term of imprisonment that Section 302 of the Bharatiya Nyaya Sanhita, 2023 prescribes?
- (A) Six months
- (B) One year
- (C) Three years
- (D) Life imprisonment
24.A person utters offensive words about a religion where the target individual did not hear them but others did. Is the speaker liable under Section 302 of the Bharatiya Nyaya Sanhita, 2023?
- (A) Yes, liability arises regardless of whether the targeted person heard the words
- (B) Yes, but only if the listeners belong to the same religion
- (C) No, because the provision requires the words to be uttered in the hearing of that person
- (D) Only if the words were published to the public at large
25.Someone burns a religious book in a public place but there is no particular person present whose religious feelings are intentionally targeted or who witnesses the act. How does Section 302 of the Bharatiya Nyaya Sanhita, 2023 apply?
- (A) This act is an offence under Section 302 because it wounds religious feelings generally
- (B) It is not an offence under Section 302 because the section requires the act to be in the hearing or sight of a particular person with deliberate intention to wound that person's religious feelings
- (C) It is an offence under Section 302 only if a majority of the public are offended
- (D) It becomes an offence under Section 302 only if the government issues a notification

Answer key

1. B2. C3. D4. B5. A6. A7. D8. C9. B10. B11. B12. A13. C14. C15. B16. B17. A18. D19. C20. B21. D22. A23. B24. C25. B

Explanations

1. (B) The section expressly mentions "destroys, damages or defiles any place of worship, or any object held sacred by any class of persons." Other acts like theft, speech or mere obstruction are not specified in the provision.
2. (C) Section 298 prescribes imprisonment "for a term which may extend to two years, or with fine, or with both." Therefore the maximum imprisonment mentioned is two years.
3. (D) The provision requires either an intention "of thereby insulting the religion of any class of persons" or "knowledge that any class of persons is likely to consider such ... defilement as an insult." It does not impose strict liability or merely negligence.
4. (B) Section 298 requires either intention to insult or knowledge that the act is likely to be considered an insult. Accidental damage without such intention or knowledge therefore does not fall within the mental state specified by the provision.
5. (A) The text of Section 298 refers to insulting "the religion of any class of persons" and to knowledge that "any class of persons is likely to consider" the act an insult; it does not condition liability on the offender's membership of that class.
6. (A) The provision begins with "Whoever, with deliberate and malicious intention of outraging the religious feelings..." showing that a "deliberate and malicious intention" is the required mental element, not negligence, recklessness, or strict liability.
7. (D) The provision lists multiple modes: "by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise," so all those modes (and others) are covered.
8. (C) Section 299 requires a "deliberate and malicious intention of outraging the religious feelings," so an unintentional insult would not meet that mental element and thus is not covered by this provision.
9. (B) The provision expressly covers both "insults or attempts to insult the religion or the religious beliefs of that class," so attempts as well as completed insults fall within the offence.
10. (B) The provision specifically refers to "outraging the religious feelings of any class of citizens of India," so it is framed with respect to a class of citizens of India rather than any person worldwide or only individuals.
11. (B) Section 300 penalizes anyone who 'voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies.' The provision specifically targets disturbance of religious assemblies, not political protests or private conversations.
12. (A) The section refers expressly to 'any assembly lawfully engaged in the performance of religious worship, or religious ceremonies.' It is limited to lawful religious assemblies and does not extend to secular events or unlawful gatherings.
13. (C) Section 300 punishes whoever 'voluntarily causes disturbance' to a lawful religious assembly. Since the provision requires voluntariness, an accidental (non-voluntary) disturbance would not fall within the offence described.
14. (C) The text confines the offence to 'any assembly lawfully engaged in the performance of religious worship, or religious ceremonies.' Thus an assembly not lawfully engaged in such religious activity falls outside Section 300.
15. (B) Section 300 prescribes 'imprisonment of either description for a term which may extend to one year, or with fine, or with both.' It limits imprisonment to up to one year and allows either or both penalties.
16. (B) The provision begins by requiring that the act be done "with the intention of wounding the feelings... or of insulting the religion... or with the knowledge that the feelings... are likely to be wounded, or that the religion... is likely to be insulted thereby." Thus intention or knowledge of the likely effect is required, not mere negligence or strict liability.
17. (A) Section 301 lists specific acts: "commits any trespass in any place of worship or on any place of sepulchre, 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." It thus covers those listed acts.
18. (D) Section 301 criminalises any person who "causes disturbance to any persons assembled for the performance of funeral ceremonies." This clause does not require trespass, so causing such disturbance (even from outside) falls within the provision if the required mental element is present.
19. (C) Section 301 targets specific acts: trespass in specified places, offering indignity to a corpse, or causing disturbance to persons at funeral ceremonies. Mere lawful presence and insulting speech does not itself amount to trespass or the other listed acts, so it would not fall under this Section as worded.
20. (B) The provision opens with the mental element — "Whoever, with the intention... or with the knowledge that...commits any trespass... or offers any indignity to any human corpse..." — indicating that the intention/knowledge requirement qualifies all the listed acts, including offering indignity to a corpse.
21. (D) The provision states that whoever, with deliberate intention of wounding religious feelings, utters any word or makes any sound in the hearing of that person, or makes any gesture in the sight of that person, or places any object in the sight of that person is punishable. Thus all three acts are covered.
22. (A) The section begins with and requires "the deliberate intention of wounding the religious feelings of any person." Therefore a deliberate intention is the required mens rea, not mere knowledge, negligence, or strict liability.
23. (B) The provision prescribes punishment with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Hence the maximum term of imprisonment is one year.
24. (C) The section requires the act to be done "in the hearing of that person," so if the targeted individual did not hear the words, the literal requirement in the provision is not met and the section does not apply on that basis.
25. (B) Section 302 is framed in terms of wounding "the religious feelings of any person" by words, sounds, gestures or placing objects "in the hearing of that person" or "in the sight of that person." If no particular person was in whose hearing or sight the act was done, the literal requirements of this section are not satisfied.