How to report desecration of religious sites and communal arson (BNS 301)

The Hook

You are cycling through Wazirabad when you see thick black smoke rising from the boundary of the local qabristan (graveyard). A group of people is breaking the stone wall and throwing petrol bombs inside. It is a scene designed to provoke fear and communal tension. Your first instinct might be to look away to stay safe, or perhaps to post it on social media immediately. But there is a more powerful, legal way to respond. As a resident, you have the right to ensure that those destroying public peace are held accountable under the Bharatiya Nyaya Sanhita (BNS). You do not need to be a relative of the deceased or a member of the community to report a crime against public order.

What the law actually says

Since July 1, 2024, India has transitioned from the IPC to the Bharatiya Nyaya Sanhita (BNS) for crimes, and from the CrPC to the Bharatiya Nagarik Suraksha Sanhita (BNSS) for police procedures. When a religious site or graveyard is attacked, several sections of the BNS apply simultaneously.

1. Trespassing on Burial Places (Section 301 BNS): This is the most specific law for this situation. It states that anyone who commits trespass in any place of worship, or any place of sepulture (burial), or any place set apart for funeral rites, with the intention of wounding the feelings of any person or insulting their religion, can be imprisoned for up to one year, fined, or both.

2. Promoting Enmity (Section 196 BNS): If the attackers are shouting slogans or acting to create a rift between different religious groups, they are violating Section 196. This covers acts prejudicial to the maintenance of harmony, punishable with up to three years of imprisonment.

3. Mischief by Fire (Section 324 BNS): Setting fire to a property with the intent to cause damage is a serious cognizable offence. If the intent is to destroy a building (including a shrine or a boundary wall of a graveyard), the punishment can extend to ten years of imprisonment.

4. Malicious Acts (Section 299 BNS): This covers deliberate acts intended to outrage religious feelings by insulting a religion or religious beliefs.

Regarding the process, Section 173 of the BNSS (which replaces Section 154 of the CrPC) mandates that the police must register an First Information Report (FIR) for cognizable offences. In the landmark case of Lalita Kumari vs. Govt. of U.P. (2014), the Supreme Court ruled that if the information provided to the police discloses a cognizable offence, the registration of an FIR is mandatory. You can find more details on this in our guide on how to file an FIR (and what to do if police refuse).

Step-by-step playbook

1. Prioritise safety and documentation

Do not attempt to stop a violent mob yourself. Your safety is the priority.

• What to do: From a safe distance, record a video or take photos of the damage and, if possible, the faces or vehicles of the perpetrators.
• What to bring: Your smartphone. Ensure the 'Location/GPS' tag is enabled in your camera settings so the metadata proves the exact spot in Wazirabad.
• Timeline: Immediate.

2. Make the first emergency call

Dial 112, India's emergency response number.

• What to do: Tell the operator: "I am witnessing arson and vandalism at [Location/Graveyard Name] in Wazirabad. Please send a PCR van immediately."
• What to note: Ask for the 'Call ID' or 'Event ID'. This is your first official record that you reported the crime. If you see hate speech inciting this violence online, you should also use the Cyber Crime reporting portal.

3. Draft your written complaint (The Tahrir)

Once the immediate danger has passed, go to the Wazirabad Police Station. You need to submit a written complaint to the SHO (Station House Officer).

• What to include:
  • Your name and contact details.
  • Exact time and date (e.g., 09 May 2026, 2:30 PM).
  • Description of the act: "I saw a group of approximately 10-15 people using hammers to break the graveyard wall and setting fire to the bushes and structures inside."
  • Mention the intent: "They were shouting communal slogans, which felt like an attempt to incite a riot."
  • Request: "Please register an FIR under Sections 301, 196, 299, and 324 of the BNS."
• What to do if it fails: If the officer refuses to take the complaint, mention that you are aware of Section 173(3) of the BNSS, which allows you to send the complaint to the DCP (Deputy Commissioner of Police) via post or email.

4. Filing the FIR and getting your copy

Under Section 173 of the BNSS, the police are required to give you a copy of the FIR free of cost immediately.

• What to check: Ensure the FIR mentions the correct BNS sections. Do not sign the FIR until you have read it and confirmed it matches your statement.
• Timeline: Usually 1–3 hours at the station. If they insist on a 'Preliminary Inquiry' (allowed for some cases under BNSS 173(3)), it must be completed within 14 days, but for arson (Section 324), they should ideally register it immediately.

5. Follow up with the Investigating Officer (IO)

Once the FIR is registered, an IO will be assigned.

• What to do: Get the IO’s name and mobile number. Share your photos/videos with them via a formal letter or email to ensure they are part of the 'Case Diary'.
• What to do if it fails: If there is no progress in 48 hours, use the Delhi Police's online portal to check the status or file an RTI online to ask about the status of the investigation.

6. Inform the Delhi Waqf Board or local committee

Since the property is likely under the Delhi Waqf Board, they have a legal department to pursue such cases as the property owner.

• What to do: Send a copy of your filed FIR to the Waqf Board office or the local graveyard management committee. This ensures that the community's legal representatives are also putting pressure on the authorities.

For more ways to protect your neighbourhood and ensure accountability, you can browse all civic-action guides.

Where it usually breaks

The law on paper is clear, but the ground reality at a police station during communal tension can be messy. Here is where the process typically stalls and how you can push through:

1. The "Aapsi Samjhauta" (Mutual Settlement) trap Officers might pressure you to "settle" the matter to maintain peace in the locality. They might say, "If we file an FIR, it will lead to riots."

• The Workaround: Remind them of the Lalita Kumari vs. Govt. of U.P. (2014) judgment. In cases of cognizable offences like arson (Section 324 BNS) or desecration (Section 301 BNS), the police have no discretion—they must register an FIR. If they refuse, tell them you will send the complaint via registered post to the Deputy Commissioner of Police (DCP) or Superintendent of Police (SP) under Section 173(4) of the BNSS.

2. Refusal to mention specific BNS sections The police might register an FIR but leave out the "communal" sections like 196 (Promoting enmity) or 299 (Malicious acts), treating it as simple "mischief."

• The Workaround: Read the FIR copy immediately. Under Section 173(2) of the BNSS, you are entitled to a free copy of the FIR on the spot. If the sections are missing, do not sign the statement. Point to your written complaint (the tahrir) and ask why the specific details of religious insult or arson were omitted.

3. The "Digital Evidence" hurdle If you show them a video on your phone, they might dismiss it as "doctored" or say it’s not "admissible."

• The Workaround: Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, digital records are primary evidence. Specifically, Section 63 of the BSA (which replaces Section 65B of the Evidence Act) outlines how to submit electronic records. You will eventually need to provide a certificate (Form A/B under BSA) stating the device is yours and the video hasn't been tampered with. For now, ensure you keep the original file on your phone—do not just keep the WhatsApp-forwarded version, as it loses metadata.

4. The "Jurisdiction" excuse The SHO might claim the graveyard or site falls under a different police station’s boundary.

• The Workaround: Insist on a Zero FIR. Under Section 173(1) of the BNSS, a police station is required to register an FIR regardless of where the crime took place. They can later transfer it to the relevant station.

Templates / script

A. Draft Complaint to the SHO (The Tahrir)

Copy and adapt this. Submit two copies; get one stamped as your "Received" copy.

To, The Station House Officer, [Name of Police Station, e.g., Wazirabad Police Station], [City/District, e.g., North Delhi].

Subject: Complaint regarding desecration of a burial place and communal arson at [Location] under BNS Sections 301, 196, and 324.

Sir/Madam,

I, [Your Name], s/o / d/o [Parent’s Name], resident of [Your Address], wish to report a cognizable offence.

On [Date] at approximately [Time], I witnessed a group of [Number] individuals at [Specific Location, e.g., the graveyard near Wazirabad bridge]. I observed them [describe the acts: e.g., breaking the boundary wall with sledgehammers, throwing petrol bombs, shouting communal slogans].

These acts have caused damage to a place of sepulture and were clearly intended to outrage religious feelings and promote enmity between communities.

I request you to:

1. Register an FIR under Sections 301, 196, 299, and 324 of the Bharatiya Nyaya Sanhita (BNS), 2023.
2. Secure the CCTV footage from [nearby shop/camera].
3. Provide me with a free copy of the FIR as per Section 173(2) of the BNSS.

I have attached [photos/videos/list of witnesses] for your reference.

Sincerely, [Your Signature] [Your Phone Number] [Date]

B. Script for 112 Emergency Call

• Operator: "112 Emergency, what is your location?"
• You: "I am at [Specific Landmark] in Wazirabad. There is a mob attacking the local graveyard/shrine. They are using fire/petrol."
• Operator: "Are you safe?"
• You: "I am at a distance. Please send a PCR van immediately. This is a communal arson situation. Please give me the Event ID for this call."

C. RTI Template if no action is taken (after 15 days)

If an FIR was filed but no arrests were made or the site wasn't secured:

"Under Section 6(1) of the RTI Act 2005, please provide the following information regarding FIR No. [Number] dated [Date] registered at [Police Station]:

1. The daily progress report of the investigation.
2. The names and designations of the officers assigned to this case.
3. A list of suspects questioned or arrested to date.
4. Whether any forensic samples were collected from the site of the arson."

FAQs

1. Do I need to be a member of the affected religious community to file this complaint? No. Any person who witnesses a crime can report it. In legal terms, "locus standi" (the right to bring a case) is very broad in criminal law. Desecration and arson are crimes against the State and public order, not just against a specific individual.

2. What if the police try to charge me for "disturbing the peace" by reporting it? They cannot legally do this for simply reporting a crime. However, if you are worried about harassment, you can send your complaint via Registered Post with Acknowledgement Due (AD) to the SP/DCP. The postal receipt is legal proof that you informed the authorities.

3. Is there a fee for filing an FIR for graveyard desecration? No. Filing an FIR for any cognizable offence is free of cost. If an officer asks for money for "paperwork" or "petrol," it is a bribe. You can report this to the Vigilance department of your state police.

4. How long does the police have to register the FIR? Under Section 173(3) of the BNSS, for offences punishable with 3–7 years (like Section 196 BNS), the police can conduct a "Preliminary Enquiry" to see if a case exists, but this must be completed within 14 days. However, for arson (Section 324 BNS), which carries up to 10 years, they should register it immediately.

5. Can I report this anonymously? You can give an anonymous tip to the 112 helpline or use the "Report a Crime" feature on some state police apps (like the Delhi Police 'Tatpar' app). However, to be the "Complainant" in an FIR, you must provide your details. If you fear for your life, you can request the Magistrate for protection under the Witness Protection Scheme.

6. What if the damage is done by a government department (e.g., a "demolition drive")? If the demolition is done without a legal notice or following due process of law, it can still be challenged. However, Section 301 BNS applies specifically to acts done with the intent to insult religion or wound feelings. If it's an official action, your remedy lies in the High Court through a Writ Petition rather than a criminal FIR against the bulldozer driver.

7. How do I prove the communal intent? Documentation is key. If the attackers were wearing specific identifiers, shouting specific slogans, or if they targeted only one religious site while leaving others nearby untouched, note these details in your complaint. This helps establish the "intent" required under Sections 196 and 299 of the BNS.