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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

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Quick Summary: IPC 297 vs BNS 301

The Bharatiya Nyaya Sanhita (BNS) 2023, which came into force on 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. Under the new criminal law framework, IPC Section 297 (Trespass Burial Place) is now mapped to BNS Section 301.

What did IPC 297 cover?

IPC 297 dealt with trespass burial placetrespassing on burial places, etc.. Until 30 June 2024, every FIR and criminal trial relating to this offence in India was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 301: What changed in the new law?

No major change. From 1 July 2024, all new criminal complaints relating to trespass burial place are filed under BNS Section 301. Cases registered before 1 July 2024 will, however, continue to be tried under the old IPC provisions as per the saving clause of the BNS.

Punishment under BNS 301

Same - Up to 1 year

Practical implications for advocates, police & citizens

  • Advocates: While drafting bail applications, vakalatnamas and written statements for offences registered after 1 July 2024, cite BNS 301 instead of IPC 297.
  • Police officers: Use BNS 301 as the substantive offence in new FIRs; procedure is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS).
  • Law students & citizens: For competitive exams, judicial services and general awareness, remember the IPC 297 ↔ BNS 301 mapping.

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No. The Indian Penal Code 1860 has been repealed and replaced by the Bharatiya Nyaya Sanhita (BNS) 2023 with effect from 1 July 2024. All ongoing cases under IPC continue, but new FIRs are registered under BNS.

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